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By using our software, you agree to and are bound by the following terms of use. In these terms, references to ‘Pabau’ or ‘the software’ mean the software product provided by Hambrand Technology Limited. ‘We,’ ‘us,’ and ‘our’ refer to Hambrand Technology Limited.
If you have opted to switch to a 12/24/36-month contract with Pabau, upon completing an order or switching to a contract mid-term, you agree to remain bound by the contract for the specified period of time. An upfront payment is due at the time of signing. The contract term will extend for the minimum duration selected—12, 24, or 36 months.
In the event of early termination, you will be liable for an Early Termination Fee, which amounts to 75% of the total outstanding balance for the remaining contract period, as of the date of termination. Should you provide 30 days’ written notice of termination, you will be eligible for a refund of 25% of the remaining term’s balance, which will be issued within 30 days back to the original payment method.
This agreement, including the full terms of use, termination fees, and refund policy, is governed exclusively by the laws of the United Kingdom, even if the software is purchased and used in the United States. Any disputes, claims, or issues arising out of or related to these terms of use shall be subject to the exclusive jurisdiction of the courts of England and Wales. Written notice must be provided via our live chat or sent directly to [email protected], and the notice will be deemed effective upon receipt.
License Fee: The license fee, the initial amount of which has been previously notified to you, will be payable by Direct Debit. We reserve the right to vary the license fee from time to time. Any such variation will be communicated to you in writing at least 30 days before the change takes effect. All license fees and other charges payable by you to us are exclusive of any applicable VAT, which shall be paid by you at the rate prescribed by law, upon receipt of a valid tax invoice.
Additional Charges: Any charges payable by you, in addition to the license fee, must be paid within 10 working days following receipt of our invoice. In the event of late payment, we reserve the right to charge interest at a rate of 4% per annum above the base rate of Lloyds Bank plc. Interest will accrue from the date payment becomes due until the date of actual payment, whether before or after judgment.
No Show Protection Activation Charge: A fee of £1 will apply for every 10 activations of the no-show protection feature.
Account Downgrades and Cancellations: Downgrading or canceling your account may result in the loss of access to content, features, or services associated with your subscription. Hambrand Technologies Ltd. accepts no liability for any such loss.
Subscription Payments: All monthly subscription fees must be paid in advance. Failure to make payment may result in suspension of access to your Pabau subscription until full payment is received. Your payment obligation begins as soon as you gain login access to Pabau, regardless of when you choose to go live with the system.
Account Setup and Training: When no setup fee is charged, account setups are limited to assistance only. Written tutorials and online training materials are provided to help you create and configure your system independently. Any face-to-face, on-site, or call-out training requests are chargeable at rates provided upon request.
Refunds Policy: There are no refunds for:
Form Creation and Management: You are responsible for creating and managing consent, medical, and treatment forms within Pabau. While we may assist with initial form uploads at the time of setup, we will not continue to accept forms for upload after you have gained access to the system. We provide support to assist you in managing forms.
Text Message (SMS) Bundles: Unless otherwise requested, text message bundles will automatically renew when credits fall below a specified threshold. You may request, in writing, to disable auto-top-up. SMS reminders are charged per SMS sent, and you are responsible for maintaining sufficient credit for this optional feature. Refunds will not be issued for unused SMS credits if your account is canceled.
Dispute of Charges: If you have any questions regarding charges made to your account, please contact us immediately. In the event of erroneous charges, we will promptly credit your account or credit card for the correct amount.
Accepted Payment Methods: Pabau accepts payments only via Direct Debit (processed through GoCardless) or via credit/debit cards (processed through Stripe). Bank transfers are not accepted as a method of payment.
Pabau Pay Readers: Pabau Pay readers remain the property of Pabau until fully paid for. If you cancel your Pabau account while a balance remains on your Pabau Pay reader, the outstanding amount will be deducted from your final payment to settle the account. Alternatively, you may return the reader to us to avoid the charge.
Customer-Initiated Termination: You are solely responsible for the cancellation of your account. You may cancel your account at any time by completing the designated cancellation form or by providing at least 30 days’ prior written notice. Upon termination of the license, all access to your subscription and any associated data or services will be discontinued immediately. No refunds will be issued for any remaining subscription period following the cancellation, unless otherwise specified in this agreement.
Termination by Us: We reserve the right to terminate the license and your account with immediate effect by providing written notice to you in the event that:
In addition, we may terminate the license and your account at our discretion, with 30 days’ prior written notice, if we determine that a breakdown in the working relationship between you and us has occurred. In such cases, we will assist you in transitioning to another provider by packaging up your data and, upon your written request, securely transferring it to a third-party provider of your choosing.
Effect of Termination: Upon any termination of the license or this agreement (regardless of the reason for termination), the following conditions apply:
All rights granted to you under this agreement shall immediately cease, and you will no longer have access to the licensed programs or any related services.
Any fees or charges incurred prior to termination, including unpaid invoices or accrued fees, shall remain payable.
Termination shall not affect any rights or liabilities that have accrued to either party prior to the date of termination, nor shall it affect the continuation of any provision of this agreement that is expressly or implicitly intended to remain in force after termination.
Data Transfer Upon Termination: In the event of termination due to a breakdown in the relationship, as determined by us, we will, upon your written request and within a reasonable time frame, package your data and assist in transferring it to another service provider of your choosing. You must provide us with all necessary information regarding the new provider to facilitate the secure transfer of data. Any costs associated with the transfer will be communicated to you in advance.
Survival of Terms: Provisions of this agreement that, by their nature, are intended to survive termination (including, but not limited to, those relating to intellectual property rights, confidentiality, limitation of liability, and outstanding payments) shall remain in full force and effect after the termination of this agreement.
Customer Responsibility for Termination or Cancellation: It is solely your responsibility, as the subscriber, to explicitly terminate or cancel any subscription, add-on, or support services provided by Hambrand Technology Limited, notice of which must be served in writing to [email protected]. Hambrand Technology Limited shall not be liable for the return or refund of any excess fees paid if payments continue after you have submitted a cancellation or downgrade request.
Formal Written Notice Requirement: All cancellation or downgrade requests for any subscription, add-on, or support services must be submitted to us in writing. Verbal or informal cancellation requests will not be accepted. The cancellation will take effect only after we have received and acknowledged your formal written notice.
Ongoing Payment Obligations: It is your sole responsibility to cancel any standing orders, credit card payments, or direct debit arrangements linked to your account(s) with Hambrand Technology Limited. Failure to do so will result in continued billing, and Hambrand Technology Limited will not be liable to refund any payments made during this period. This includes situations where you terminate or close any locations within the Pabau platform.
If written notice of cancellation is not received, our contract with you will remain in full effect, and you will continue to be liable for all fees incurred, regardless of whether or not you access the account, support services, or any add-ons.
No Refunds for Unused Services: Hambrand Technology Limited does not audit accounts, usage, or support agreements. Therefore, any continued payments made for subscriptions, add-ons, or support services will be assumed to indicate that the contract between us is still active and enforceable. No refunds or credits will be issued for unused services, support, or add-ons, even if you do not access your account or utilize the services.
Contractual Obligations Remain Active: Until formal written cancellation is received and acknowledged by us, the contract between Hambrand Technology Limited and you will remain in full force, and all fees, including any recurring payments for subscriptions, add-ons, or support services, will remain payable. Failure to fulfill your obligation to provide written notice will result in continued payment liabilities, with no right to claim refunds or credits for any reason.
Eligibility for Refund: To be eligible for a refund, you must submit a written request to [email protected] within 30 days from the date you received your login details. The 30-day period starts from the day we provide you with access to the platform, irrespective of when you first use the service.
Refund Scope: The refund applies solely to the subscription fees paid for the first 30 days of service. Refunds will not apply to any additional services, add-ons, or support fees incurred during this period unless otherwise agreed by Hambrand Technology Limited.
Process for Cancellation and Refund: To initiate the cancellation and refund process, you must submit your request in writing via email to [email protected], providing your account details and a brief reason for cancellation. We will process your refund request within 30 days of receiving your written notice. Refunds will be issued via the original payment method used to pay for the subscription.
Exclusions from Refund: The 30-day money-back guarantee does not apply to:
Limitations: The money-back guarantee applies only to the first subscription purchased. If you cancel and later re-subscribe, the money-back guarantee will not apply to subsequent subscriptions.
No Questions Asked Policy: We offer a full refund without requiring an explanation for cancellation, but we encourage feedback to help improve our service.
Non-Refundable Fees: By entering into an agreement to use Pabau and completing the order form, you acknowledge and agree that all training and setup fees are non-refundable under any circumstances. These fees cover the immediate commencement of work on your account by our team, including the services of our developers and import specialists, who are charged at rates ranging from approximately £100 to £150 per hour.
Immediate Commencement of Work: Once the order form is completed and submitted, our team will begin working on your account setup, data import, and configuration immediately. Due to the nature of the work and the resource commitment required, no refunds will be provided for any setup or training-related costs, regardless of whether or not you choose to proceed with the use of the platform after setup.
Gold/FPM Onboarding Exception: If you have purchased Gold or FPM Onboarding, and in exceptional circumstances, our team may consider offering a partial refund without prejudice. This refund will be solely at our discretion and will be based on a detailed assessment of the time spent on your account setup by our team. The partial refund, if granted, will be calculated based on the actual hours spent by our team on your onboarding process, and any refund amount will be communicated to you after the assessment is completed.
Finality of Refund Decisions: Any decisions regarding refunds under the Gold/FPM onboarding exception are final, and Hambrand Technology Limited reserves the right to refuse any refund requests that do not meet the criteria set out above. No other refunds will be provided for setup or training services under any circumstances.
No Impact on Other Services: This non-refundable clause applies solely to setup and training fees. It does not impact other terms regarding subscriptions or optional add-on services, which may be subject to different cancellation or refund policies as outlined in the relevant sections of this agreement.
No Guarantee of Results and Limitation of Liability: By using Pabau, you acknowledge and agree that Hambrand Technology Limited is not responsible for any refund or compensation for failed onboardings, loss of earnings, failure to integrate into your website, or dissatisfaction with the performance of our system, regardless of whether you feel we have not met our obligations. Hambrand Technology Limited makes no guarantees about the success of your onboarding, the suitability of our system for your specific needs, or any financial outcomes you may anticipate from using our platform. Our role is to provide the system and associated setup and training services as outlined in this agreement, and we disclaim any liability for direct or indirect damages that may arise from the use or failure of our system or services.
Please note, we, as a data processor, process data on behalf of you, our customers, (who are typically data controllers) in accordance with Article 28 of the GDPR.All details regarding how we manage and store your data can be found on:- www.pabau.com/gdpr
If you cease to be a client of Pabau, we will hold your data for 90 days, after this period your data will be permanently removed from our system.
Please note, if you cancel your direct debit or have repeated failed payments, and we are unable to contact you to setup an active subscription, we will write to you and let you know that the cancellation process has taken effect, and you should only expect us to hold your data for 90 days after this notice.
After data is removed from Pabau, we cannot recover it under any circumstances, your data is your responsibility.
Please note if you do not access your account within 6 months we will class your account as no longer active, and you will cease to be a client, we will therefore delete your account and data. Your data may be recoverable for a fee which represents our developers time £700
Self-Managed Data Export: At any time during your subscription, you can independently export your data using Pabau’s built-in reports feature. This feature allows you to download the data you require, as and when you need it. Our customer support team is available to provide guides and assistance on how to use this feature effectively. Hambrand Technology Limited is not liable for any errors or omissions in self-managed exports, and it is your responsibility to ensure the accuracy and completeness of the data exported using this method.
Managed Data Export: We offer a managed data export service where our developers will export and arrange all your Electronic Medical Records (EMR) and other data on your behalf. This is a chargeable service, provided at your request, and can be scheduled at a mutually agreed-upon date and time. The cost for this managed export service is £450 + VAT. Payment for this service must be made in full before the export process begins. Hambrand Technology Limited makes no warranties as to the timeframe or delivery of the data unless otherwise agreed in writing, and the service is offered on an as-is basis.
Free Data Export (Upon Account Termination): If you choose to terminate your Pabau account, you are entitled to a free data export under the following conditions:
Data Export Limitations:
Finality of Data Export: Once a data export has been completed—whether through the free option or the managed service—you must confirm receipt and integrity of the data within 7 business days. After this period, Hambrand Technology Limited will consider the data export to be final and complete, and no further assistance or re-exports will be provided without an additional charge. Any requests for further exports after this time will be subject to additional fees and must be submitted in writing.
Data Access and Portability: Under the UK GDPR, data subjects have the right to access their personal data and, in certain circumstances, the right to data portability (Article 20). The options provided—self-managed export, managed export, and free export upon termination—are designed to fulfill these rights by ensuring that customers have multiple ways to access and retrieve their data in a secure and timely manner.
Security of Data Transfers: The ICO emphasizes the importance of safeguarding personal data during any transfer process. The managed export service ensures that all data transfers are securely handled by qualified developers, adhering to best practices in data security to prevent unauthorized access, loss, or corruption during the export process.
Data Retention and Deletion: The ICO recommends clearly defined retention periods and procedures for secure deletion of personal data when it is no longer required. By offering a clear data retention period (90 days post-termination) and a structured data deletion process, Hambrand Technology Limited ensures compliance with the principle of data minimization and the right to erasure under Article 17 of the UK GDPR.
Transparency and Accountability: The ICO advises that organizations must be transparent about how data is handled, stored, and shared, and must ensure accountability for these processes. The clear, step-by-step explanation of the export options, the applicable fees, and the timeframe for the completion of exports is designed to meet the transparency and accountability obligations set forth in the UK GDPR.
Compliance with Data Protection Laws: Both Hambrand Technology Limited (hereinafter “we” or “us”) and you, as the customer, agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), and any other related legislation, regulations, or guidance as may be applicable during the term of this agreement.
Roles and Responsibilities:
Lawful Processing: You, as the data controller, warrant that any personal data transferred to Hambrand Technology Limited for processing has been lawfully obtained, and that you have obtained all necessary consents and/or satisfied all legal requirements for the lawful processing of such data. We shall not be liable for any processing carried out in accordance with your instructions that is unlawful, inaccurate, or in breach of any data protection legislation.
Sub-Processors: You agree that we may engage sub-processors to assist in the processing of personal data provided that:
Data Security and Breach Notification: We shall implement appropriate security measures to protect personal data against unauthorized access, loss, or disclosure, in accordance with the Data Protection Act 2018 and the UK GDPR. In the event of a data breach, we will promptly notify you as soon as we become aware of the breach, providing sufficient information to enable you to fulfill any reporting obligations under applicable law. We will also take appropriate measures to mitigate the impact of the breach and prevent further incidents.
Data Subject Rights and Assistance: We will provide reasonable assistance to you, the data controller, in responding to any requests from data subjects exercising their rights under the Data Protection Act 2018 or the UK GDPR, including but not limited to rights of access, rectification, and erasure. Any such assistance provided will be chargeable at our standard rates, unless required otherwise by law.
Data Transfers: If any personal data processed under this agreement is transferred outside the European Economic Area (EEA) or the UK, such transfers will only occur if:
Termination and Data Retention: Upon termination of this agreement, we will, at your direction, either securely delete or return all personal data processed on your behalf, unless otherwise required to retain such data under applicable law. If you require the return or transfer of data, any associated costs will be communicated to you in advance and must be paid before the data is transferred.
Indemnification: You, as the data controller, agree to indemnify and hold Hambrand Technology Limited harmless against any claims, fines, damages, or liabilities arising out of your breach of data protection laws or failure to obtain the necessary consents or legal basis for processing. We shall not be liable for any penalties, claims, or losses resulting from processing personal data in compliance with your instructions that may contravene applicable data protection laws.
Limitation of Liability: Hambrand Technology Limited’s total liability for any breach of this data protection clause or any data-related claims arising out of this agreement shall be limited to the extent permissible under applicable law. We will not be held liable for indirect, consequential, or incidental damages arising from data protection breaches, unless such breaches result from our gross negligence or willful misconduct.
No Liability for Force Majeure Events: Neither Hambrand Technology Limited (“we” or “us”) nor you, the customer, shall be liable for any failure or delay in performing any of our respective obligations under this agreement where such failure or delay results from any event or circumstance that is beyond the reasonable control of the affected party (“Force Majeure Event”). Force Majeure Events include, but are not limited to:
Notice of Force Majeure Event: The affected party must provide prompt written notice to the other party as soon as reasonably practicable after becoming aware of a Force Majeure Event, detailing the nature of the event, its expected duration, and the extent to which the party’s ability to perform its obligations will be affected.
Suspension of Obligations: During the occurrence of a Force Majeure Event, the affected party’s obligations under this agreement will be suspended to the extent necessary and for the duration of the Force Majeure Event. However, both parties agree to take reasonable steps to mitigate the impact of the event and resume full performance of their obligations as soon as the Force Majeure Event is resolved.
Termination Due to Extended Force Majeure Event: If the Force Majeure Event continues for a continuous period of more than 14 days, either party may terminate this agreement by providing written notice to the other party. Upon termination due to a Force Majeure Event, neither party will have any further liability to the other except for payment of any outstanding fees or charges accrued up to the date of termination.
Limitation of Liability During Force Majeure Event: Hambrand Technology Limited shall not be liable for any damages, losses, or claims arising directly or indirectly from its failure to perform or delay in performing any of its obligations during the period of the Force Majeure Event, provided that reasonable efforts are made to resume services as soon as practicable.
Exclusions: Force Majeure Events do not include circumstances arising from:
Registration Requirement: To access and use the Pabau services (“Service”), you must be a registered user. By registering for an account, you agree to provide accurate, up-to-date, and complete information during the registration process. Failure to provide accurate information may result in the suspension or termination of your account.
Account Information Accuracy: You are responsible for ensuring that all information provided during registration, and any updates to your account, are accurate, truthful, and current. Hambrand Technology Limited is not liable for any issues or delays arising from the provision of inaccurate or incomplete information.
Password Security: You are solely responsible for keeping your account password secure and confidential. You must take all necessary precautions to ensure that your password is not disclosed to or accessible by any third party. Hambrand Technology Limited will not be held liable for any loss or damage resulting from your failure to protect your account credentials.
Responsibility for Account Activity: You are fully responsible and liable for all activities conducted under your account, regardless of whether the activities are authorized by you. This includes any actions taken by third parties who have gained access to your account due to your failure to maintain the confidentiality of your password. Hambrand Technology Limited will not be liable for any unauthorized access or use of your account.
Prevention of Unauthorized Access: You must use all reasonable endeavours to prevent unauthorized access to or use of the Service. If you suspect or become aware of any unauthorized access or use of your account, you must notify us immediately at [email protected]. You are responsible for any losses, damages, or claims resulting from unauthorized access to your account if you fail to notify us promptly.
Account Security Measures: Hambrand Technology Limited may, at its discretion, implement additional security measures to protect user accounts, including but not limited to two-factor authentication, account activity monitoring, and password reset protocols. However, the implementation of such measures does not relieve you of your responsibility to maintain the security of your account.
Suspension or Termination for Breach: Hambrand Technology Limited reserves the right to suspend or terminate your account if it has reason to believe that you have breached any of the above provisions, including failure to provide accurate information or failure to maintain the security of your account. In the event of suspension or termination, you remain liable for any outstanding fees or obligations.
Responsible Use and Conduct: You are solely responsible for your conduct and any data you or your authorized users input, upload, or otherwise process using the Service. You warrant that you have all necessary rights, licenses, authorizations, and consents required to use the Service and handle your data, including compliance with applicable laws and regulations. Hambrand Technology Limited shall not be held liable for any misuse of data or non-compliance with legal obligations on your part.
Indemnification: You agree to indemnify, defend, and hold harmless Hambrand Technology Limited, its officers, directors, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, or expenses (including legal fees) arising out of or related to:
Permitted Use of the Service: The Service, including any software that forms part of the Service, is provided solely for your personal use or internal business purposes. You agree that your use will comply with all applicable laws, rules, and regulations, including but not limited to data privacy laws, and that your use will not infringe upon or violate the rights of any third party.
Prohibition on Sharing Login Credentials: Under no circumstances are you permitted to share login credentials with any third party, including but not limited to competitors, agencies, or web development companies. You are responsible for maintaining the confidentiality of your login credentials and any misuse or unauthorized access resulting from your failure to do so.
User Limitations: The number of users permitted to access the Service is restricted based on the plan you have purchased. You must not allow additional users beyond the agreed limit to access or use the Service. Any unauthorized users may result in the termination of your account or additional fees being levied.
Data Migration and Additional Charges: While we may assist with account imports and data migration from previous systems, please note that hosting large amounts of files is a chargeable service. You will be informed of any such charges prior to the commencement of the migration process. You acknowledge that some reports may not work with data that has been migrated from previous systems, and it is recommended that reports be run from the date of your implementation moving forward.
Right to Audit: Hambrand Technology Limited reserves the right to audit your use of the Service, at our expense and upon reasonable notice, to ensure compliance with these Terms of Service and any other applicable terms. If an audit reveals that you have exceeded the scope of your permitted use, you agree to pay any additional service fees required for such excess use immediately upon notification.
Unauthorized Use and Legal Consequences: Any unauthorized use of the Service, including exceeding user limits or sharing login credentials with unauthorized third parties, constitutes a violation of these Terms of Service and may breach applicable English law. Such violations may subject you, your staff, or your company to civil and criminal penalties.
Service Availability: While we strive to make the Service available 24 hours a day, seven days a week, you acknowledge and agree that the Service may occasionally be unavailable during planned or unplanned maintenance periods. We will endeavour to schedule maintenance outside of normal business hours wherever possible, but reserve the right to perform unscheduled maintenance at any time.
If any provision or part of a provision in these terms of use is found to be unlawful, invalid, or otherwise unenforceable by a court or other competent authority, that provision or part-provision shall be deemed severed from the remainder of these terms of use. The severance of such provision shall not affect the validity and enforceability of the remaining provisions, which shall continue to be fully effective and enforceable to the fullest extent permitted by law.
Both parties agree that, if necessary, the invalid or unenforceable provision shall be modified to the minimum extent required to make it valid, legal, and enforceable. Any such modification will be in line with the original purpose of the provision, ensuring that the fundamental intent of the agreement remains intact.
Roles Under the GDPR:
For the purposes of compliance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), Hambrand Technologies Ltd (“Pabau”) is designated as the Data Processor, and you, the Client, are designated as the Data Controller.
Privacy Policy:
Use of the Pabau website and services is governed by Pabau’s Privacy Policy, which is incorporated into these terms of use by reference. The Privacy Policy can be accessed on our website and should be reviewed in conjunction with these terms.
Appointment of Pabau as Processor:
As the Data Controller, the Client appoints Pabau as a Data Processor to process personal data on the Client’s behalf as necessary to provide the services outlined in this agreement. The scope of processing is limited to the services and purposes described herein.
Purpose and Scope of Processing:
Pabau will process personal data only as necessary to provide the services requested by the Client or as otherwise required to comply with applicable laws or regulatory requirements. Pabau will not process personal data for any other purposes unless explicitly instructed by the Client in writing.
Confidentiality:
Pabau will ensure that all personnel with access to personal data are bound by a duty of confidentiality, whether through employment agreements, contracts, or legal obligations.
Security Measures:
Pabau will implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized access, or disclosure, as well as unlawful processing. These measures are designed to ensure the security of data in compliance with the GDPR. For further details, please refer to our Data Security Article, which outlines some of the key security measures in place.
Subprocessors:
The Client authorizes Pabau to engage subprocessors as deemed necessary for the provision of the services. Pabau will ensure that any subprocessors are subject to contractual obligations that comply with GDPR standards. A list of subprocessors will be made available to the Client upon request.
Assistance with Data Subject Rights:
Pabau will assist the Client in responding to any data subject requests, including those related to access, rectification, erasure, and restriction of processing, in accordance with the GDPR. Any assistance provided may be subject to additional charges based on the scope of the request.
Assistance with GDPR Compliance:
Pabau will assist the Client in ensuring compliance with the GDPR in areas including, but not limited to, the security of processing, notification of personal data breaches, and the conducting of data protection impact assessments (DPIAs) as required by law.
Data Access and Deletion:
Pabau will provide mechanisms for the Client to download all personal data at any time. The Client can also request the deletion of a single data subject’s records or the deletion of all personal data at the end of the contract. Pabau will ensure that such requests are actioned promptly and in compliance with GDPR.
Audit and Inspection Rights:
Pabau agrees to submit to audits and inspections by the Client, provided that the Client pays an applicable audit fee in full and in advance. Any audits or inspections must be scheduled with reasonable notice and conducted in a manner that minimizes disruption to Pabau’s business operations.
Reporting of Unlawful Instructions:
Pabau will immediately inform the Client if it receives any instruction that violates the GDPR or other applicable data protection laws. Pabau will not be required to carry out any such instructions and will notify the Client of the legal implications.
Pabau’s Independent GDPR Obligations:
Nothing in this contract relieves Pabau of its own direct responsibilities and obligations under the GDPR. Pabau remains independently responsible for ensuring its own compliance with the GDPR, including, but not limited to, maintaining appropriate security measures and reporting personal data breaches to relevant authorities where necessary.
By requesting a demo, you agree to receive communication from us. We’ll handle your information according to our Privacy terms outlined here. By entering a phone number, you consent to receive phone calls and SMS from us.
If we process your personal data to send you marketing communications, you have the option to stop receiving these messages at any time. To opt out, simply follow the unsubscribe instructions included in our emails or reply with your unsubscribe request. Alternatively, you can reach out to us at [email protected].
Please note that opting out of marketing communications won’t affect important communications related to your current relationship with Pabau. You may still receive essential updates about your subscriptions, event registrations, service announcements, and security information as needed.
Client Limit for Startup Package: The Pabau Startup package is designed for accounts with no more than 100 active clients. If the number of active clients on your account exceeds 100 at any point, your account will automatically be upgraded to the Pabau Solo tier, with the corresponding higher rates, starting from the next billing cycle.
Automatic Upgrade to Pabau Solo: Upon exceeding the 100-client limit, the upgrade to the Pabau Solo tier will occur without further notice, and the applicable fees for the Pabau Solo tier will be charged on your next billing cycle. You will not be eligible to remain on the Pabau Startup rate unless you reduce the number of active clients below the 100-client threshold before the start of the next billing cycle.
Maintaining Startup Rate: The only way to continue benefiting from the Pabau Startup rate is to ensure that your account remains under 100 active clients at all times. Once the client limit is exceeded, the upgrade to the next tier is mandatory and cannot be reversed unless the active client count is reduced before the next billing cycle begins.
Notification of Upgrade: If you receive a notification that your account is being upgraded to a higher tier due to exceeding the client limit, and you wish to avoid the upgrade, you must:
No Refunds for Exceeding Client Limit: Once the automatic upgrade to the Pabau Solo tier is applied, there will be no refunds or adjustments for any billing periods during which your account exceeded 100 clients. It is your responsibility to monitor your client count and ensure compliance with the startup package limits.
Account Monitoring: Pabau reserves the right to monitor your account usage and active client count to ensure compliance with the terms of the Pabau Startup package. If you exceed the client limit and do not reduce your client count in a timely manner, the upgrade will be applied as described above.
Personal Agreement & Assignment Restrictions:
This agreement, as outlined in these terms of use, is personal to both Hambrand Technology Limited (“we” or “us”) and you, the client (“you”), and neither party may assign, mortgage, charge (other than by floating charge), sublicense, or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party. Such consent shall not be unreasonably withheld.
Permitted Assignment:
Notwithstanding the above, either party may assign or transfer this agreement and the rights contained herein to:
An acquirer of all or substantially all of that party’s equity securities, assets, or business related to the subject matter of this agreement, or
An affiliate entity under common control with the assigning party, without requiring further consent.
Any attempted assignment or transfer in violation of this provision shall be considered void and without effect.
Entire Agreement:
This agreement, together with these terms of use, constitutes the entire agreement between us and you regarding the subject matter contained herein. It supersedes any prior or contemporaneous agreements, understandings, negotiations, or representations, whether written or oral, relating to the subject matter. No modification, amendment, or alteration of this agreement shall be valid unless in writing and signed by duly authorized representatives of both parties.
No Reliance on External Representations:
Both parties acknowledge that in entering into this agreement, neither party has relied on any representation, warranty, or other statement, except as expressly provided in this agreement and these terms of use. To the fullest extent permitted by law, all conditions, warranties, or other terms implied by statute or common law are excluded.
No Waiver:
No failure or delay by either party in exercising any right, power, or remedy under this agreement shall constitute a waiver of that right, power, or remedy, nor shall it preclude or restrict the further exercise of any such right, power, or remedy. Additionally, no waiver of any breach or default by either party shall be deemed to be a waiver of any subsequent breach or default, whether of the same or any other provision.
Acceptance of Terms:
By placing your order, paying any setup fee, or setting up any payment method for the Pabau service, you acknowledge and agree to be legally bound by these terms of use. This agreement will remain in full force and effect until it is replaced or updated as per the provisions below.
Binding Nature of Setup Fees and Payment Methods:
Your payment of any setup fees or your provision of payment details for subscription services is considered your express agreement to these terms of use. This constitutes a legally binding contract between you and Hambrand Technology Limited.
Changes to Terms of Use:
Hambrand Technology Limited reserves the right to modify, update, or change these terms of use at any time, at its sole discretion. Any changes to the terms will take effect immediately upon being posted on our website or within the Pabau platform.
Notice of Changes:
We reserve the right to modify these terms of use at any time. Any changes will be effective immediately upon posting to this page, and we will not be obligated to provide individual or explicit notice of any updates. By continuing to use or access our services after the changes have been posted, you acknowledge and agree to the revised terms. It is solely your responsibility to review these terms of use regularly to ensure that you are aware of any modifications and remain in compliance. Failure to review the updated terms does not absolve you of your responsibility to comply with the revised terms of use.
Acceptance of New Terms:
By continuing to access or use the Pabau service after any changes to the terms of use have been posted or communicated to you, you acknowledge and agree to be bound by the updated terms. Each time you log into and use the service, you confirm your acceptance of the latest version of the terms of use.
Continued Use and Binding Nature:
Continued use of the Pabau service, including logging in or making use of any of the features provided, will constitute your continued agreement to these terms of use. You are bound by these terms as long as you continue to use the service.
Disagreement with Terms:
If you do not agree to any changes made to the terms of use, you must stop using the service immediately and notify us in writing. Your continued use of the Pabau service after changes have been posted constitutes your acceptance of the updated terms.
Suspension of Account Upon Chargeback:
If a direct debit chargeback is initiated or completed for any amount while you have an active subscription with Hambrand Technology Limited (“Pabau”), your account will be immediately suspended. During this suspension, you will not be able to access your account or any associated services until the matter has been reviewed and resolved by our team.
Investigation Period:
The investigation into the chargeback may take between 24-48 hours. During this time, our team will review the circumstances of the chargeback and determine whether the account can be reactivated. We will notify you as soon as the investigation is concluded and inform you of the next steps, if any.
Resolution Requirements:
If the chargeback is found to be legitimate, your account may remain suspended until any outstanding balances are cleared. If the chargeback is determined to have been initiated in error or without valid cause, your account will be reactivated once the disputed amount has been successfully collected, and normal access will be restored.
No Liability for Loss of Access:
Hambrand Technology Limited shall not be liable for any losses, damages, or claims arising from the suspension of your account due to a chargeback. It is your responsibility to ensure that payments are made in accordance with the terms of your subscription agreement.
Prevention of Future Chargebacks:
In cases where repeated or unjustified chargebacks occur, Hambrand Technology Limited reserves the right to terminate your account or require an alternative payment method for future transactions.
Non-Entitlement to Chargeback:
By completing an order form and using Pabau’s services, you acknowledge and agree that you are not legally entitled to initiate a credit or debit card chargeback against Hambrand Technology Limited. Our terms of service and specifically this provision may be submitted to the bank merchant to demonstrate that you understood and accepted these terms, and that no right to claim a chargeback exists. Accordingly, Hambrand Technology Limited may request the merchant to rule in our favor if a chargeback is attempted.
Third-Party Hosting and Service Providers
We utilize reputable third-party providers to support service operations, including DigitalOcean and AWS for data hosting, SendGrid for email, Txtlocal for SMS delivery within the UK, and Telynx for SMS delivery outside the UK. These providers ensure the infrastructure and communications necessary for our platform to operate securely and efficiently.
Liability Limitation
Although we strive for high standards in security and reliability, we disclaim liability for any service disruptions, data breaches, or other issues arising from the actions or failures of these third-party providers. We make no warranties for their continuous or error-free performance, as these services are outside our direct control.
User Responsibility
Users are responsible for the security of their own accounts, including safeguarding login credentials, and for promptly notifying us of any suspected unauthorized access or misuse.
Data Storage and Backup
While we perform regular data backups to enhance security and resilience, we cannot guarantee the indefinite retention of data and reserve the right to modify or delete stored data as needed to maintain service functionality.
Last Updated: 5 November, 2024
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