my salon desk
Salons, Medspas + Salon Suites

GENERAL TERMS AND CONDITIONS
Last Updated 7 FEBRUARY 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), and My Salon Desk, located in Boston, MA 02134 United States (we, us), 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, marketing services, or reputation management (Services) within established service plans (Plans). 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. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

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

1.5  Our site is 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 include:   

●  Our Privacy Notice http://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.   

2.   Acceptable Use   

2.1  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site 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, you agree not to:

● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Make any unauthorized use of the Site, 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
● Use the Site to advertise or sell goods and services
● Circumvent, disable, or otherwise interfere with security-related features of the Site, 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 or the networks and services connected to the Site
● 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 in order to harass, abuse, or harm another person
● Attempt to access any portions of the Site 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 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 in a manner inconsistent with any applicable laws or regulations
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● 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, 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     

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 $750 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  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 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  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.  

12.7  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.  

12.8  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 AmericaAny 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. 

12.9  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.    

12.10 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. 

12.11  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.

spa + salon virtual reception 
​TERMS & CONDITIONS

Hours

Our receptionist service hours are everyday between 8 am to 9 pm in all US + Canada time zones. We are only closed on New Year's Day, Thanksgiving + Christmas. On other holidays (New Year's Eve, Easter Sunday, Memorial Day, July 4th, Black Friday + Christmas Eve) we close early at 4 pm. Hours may be subject to change, but ample advance notice will be provided. For client account service, we can be reached 8 am to 8 pm EST daily. Hours are subject to change.

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. We provide Business Associate Agreements (BAAs) to any client upon request.

Appointment Booking

Our Virtual Reception services all include the option of MSD Appointment Booking (the Service), through which we can schedule and edit appointments directly into your salon or spa booking software. Any scheduling parameters (including but not limited to stylist / practitioner or room availabilities) must be programmed into your software. You are also required to provide us with a unique login username and password. Additional charges apply for Payment Support. Listed Plan Pricing presumes the selection of the Service - if the Service is not selected there is an additional fee of $1.50 per call.

Call Handling

Your preferences for call handling will be obtained within the client intake process. In the event that a we receive a complex client inquiry that requires your attention, we will send a message via phone call, SMS, or email. We can accommodate custom messaging requests (including multi-recipient messaging, fax delivery, etc.) but additional fees may apply. We can only establish contact with US or Canadian numbers - international calling will incur additional fees.

Plans + Payments

All charges must be prepaid in advance, and we bill automatically for each service cycle. Service can not begin until payment is received. We accept all major credit cards as well as Apple Pay. Unused services cannot be carried over to subsequent months, and plans may be paused only due to government-imposed shutdown orders. Any payment(s) not received on the Due Date is subject to a Late Charge equal to $35. We reserve the right to terminate your account if any amount is more than 5 days overdue.

Outbound Calls

Outbound calls for appointment confirmation, marketing efforts, re-booking solicitation, etc. can be made at your request. 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.

Privacy

We always strive to maintain the highest levels of security and privacy for our business clients and their salon or spa clients alike. All of the My Salon Desk software and web platforms utilize secure and / or encrypted connections. Due to variations in state law, we do not generally record client phone calls. We will never share or sell your clients' data or information with any other entity. 

Service

You will be billed for your selected Plan/s at the start of each Service Cycle. Overage charges apply for excess service utilization and will be automatically billed after the close of each service cycle. You may edit or cancel your service at any time - cancellations and service downgrades will take effect within the subsequent Service Cycle. My Salon Desk does not provide a refund for early cancellation of any service. Overage rates for services rendered are also applicable at time of cancellation.



Reports

 You may also request your current plan usage totals from the My Salon Desk at any time. We provide Records reports containing phone numbers and/or contact information and timestamps associated with inbound and outbound calls, SMS / text messages, web-chats and emails upon request - we can fulfill a Records request no more than once every fourteen (14) days. While we do not provide custom reporting regarding appointment-based parameters (cancellations, client retention, etc.), we are happy to recommend software options which offer these options.

Call Procedures

We handle calls according to the preferences you select during your intake process. If connection is lost during a voice call we will attempt to return the call one (1) time - this call will not count towards Plan totals. While we generally do not include calls during which a connection is not established in Plan totals, we will 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).

Numbers

You may retain your existing business phone number, or you may request a new business phone number. 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. Forwarding numbers remain the property of My Salon Desk. 


Billing Cycle

If you opt for a new business number, your service cycle begins the day after your phone lines are established. If you maintain your existing business number, the cycle begins the day after your Forwarding phone number is tested and confirmed. However, incoming calls received during our business hours will begin to be answered immediately. Any calls answered will count towards monthly Plan usage totals. Your recurring billing date will continue to be on the same date of each subsequent month. 

Trials + Offers

Special Offers, Discounts, Savings, and Promotions are occasionally available and provided at the discretion of My Salon Desk. Free / Complimentary Voice Plan Trials (Trials) may only be applied to one (1) business per account holder, and only one (1) Free / Complimentary Trial is permitted per business. Trials are provided at our sole discretion. Covid-19 related Plan discounts will expire after March 31, 2021.