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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.
6.1 Limited Liability
Except as set forth below, neither party (including its directors, officers, employees, agents, or subcontractors) will be liable to the other for any indirect, incidental, special, punitive, or consequential losses, including but not limited to:
whether arising under contract, tort (including negligence), statute, or otherwise—even if foreseeable or foreseen.
6.2 Liability That Cannot Be Excluded
Nothing in these Terms shall limit or exclude liability for:
(a) personal injury or death caused by a party’s negligence;(b) fraudulent misrepresentation; or(c) any other liability that cannot be lawfully excluded or limited under applicable law.
6.3 Liability Cap
Except where stated otherwise in this Section, each party’s total cumulative liability arising out of or in connection with these Terms (including any claim in contract, tort, negligence, or otherwise) shall not exceed the total amount paid by the client to Pabau in the 12-month period preceding the event giving rise to the claim.
6.4 Gross Negligence and Wilful Misconduct
The exclusions and limitations in this Section shall not apply to losses caused by a party’s gross negligence or wilful misconduct.
6.5 Data Loss Exception
In the event of unrecoverable loss or corruption of client data caused by Pabau’s gross negligence or wilful misconduct, Pabau’s liability will be limited to the lesser of
(a) the documented, reasonable cost incurred by the client to restore such data, or(b) the total fees paid to Pabau by the client in the 12 months preceding the incident.
6.6 Reasonableness and Enforceability
The parties agree that the exclusions and limitations set out in this Section are reasonable in light of the nature of the services, the fees paid, and the risks involved, and represent a fair allocation of liability. If any part of this Section is found to be unenforceable under applicable law, the remainder shall remain in full force and effect.
7.1 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.
7.2 Termination by Us: We may suspend or terminate your access to the Services at any time if:
7.3 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.
7.4 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.
7.5 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.
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
9.1 Eligibility for RefundTo be eligible, you must submit a written request to [email protected] within 30 days of receiving your login credentials. The 30-day period begins from the date access is granted, regardless of actual usage.
9.2 Scope of RefundThe guarantee covers only the subscription fees paid for the initial term. It does not apply to additional services, one-time add-ons, custom work, or support fees unless otherwise agreed by Hambrand Technology Limited.
9.3 Cancellation & Refund ProcessRequests must be made in writing to [email protected], quoting your account details. While we do not require a reason, we encourage feedback. Refunds will be processed within 30 days via the original payment method.
9.4 Exclusions
9.5 LimitationsThis guarantee applies only to your first paid subscription with Pabau. If you cancel and re-subscribe later, the guarantee does not apply to subsequent subscriptions.
9.6 Contractual OverrideWhere a long-term agreement has been signed (e.g., annual or multi-year terms), this 30-day guarantee overrides the standard cancellation terms and early termination fees if cancellation is requested within the 30-day window. After this period, the standard contractual terms resume in full.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
11.1 Role as Data Processor
Pabau acts as a data processor on behalf of you, the client, who typically serves as the data controller under applicable data protection legislation, including Article 28 of the UK GDPR. Full details on how we manage, store, and protect your data can be found at: www.pabau.com/gdpr
11.2 Data Retention After Contract Termination
If you cease to be an active paying client of Pabau, we will retain your data for 90 days from the date your account is marked inactive. After this grace period, your data will be permanently deleted from our systems.
11.3 Failed Payments or Cancelled Subscriptions
If your direct debit is cancelled or subscription payments repeatedly fail, and we are unable to re-establish contact with you, we will issue written notice confirming your account will be treated as terminated. Following this, your data will be retained for 90 days, after which it will be permanently deleted in accordance with clause 11.2.
11.4 Inactivity and Data Deletion for Non-Paying Clients
If no user from your organisation accesses the Pabau system for a continuous period of 6 months and there is no active subscription or payment plan in place, we will treat your account as abandoned and you will be deemed to have ceased use of the service.
Before any data is deleted, we will send a 30-day warning to the registered email address on file. If no action is taken within this period, your account and all associated data will be deleted.
In some cases, it may be possible to recover deleted data within 6 months of deletion, subject to a data restoration fee of £700 (to cover the cost of developer intervention). However, Pabau makes no guarantee that recovery will be successful or that data will be complete.
11.5 Client Responsibility
As the data controller, you are responsible for ensuring that your data is exported, backed up, and actively managed as required. Pabau accepts no liability for any data loss resulting from non-payment, prolonged inactivity, failure to act on communications, or expiration of the recovery window.
PatientName_PatientLastName_PatientID
Consent
Treatment
Questionnaire
Attachments
Invoices
Template Attachments
12.6 Finality of Data ExportUpon delivery of a managed or free export, you must confirm receipt and verify the data within 7 business days. After this period, the export will be considered final. Any subsequent requests for re-export or assistance will incur additional charges and must be submitted in writing.
12.7 Data Retention and DeletionData is retained for 90 days following account termination, after which it will be securely and irreversibly deleted. Requests for data after this retention period will not be accommodated.
12.8 Data Access and PortabilityAll export options are structured to meet your rights under Article 20 of the UK GDPR regarding access and portability of your personal data.
12.9 Security and Legal ComplianceAll data transfers are conducted in accordance with best practices in data security and comply with the UK GDPR and Data Protection Act 2018. Exports are encrypted and transferred via secure methods only.Hambrand Technology Limited maintains a commitment to transparency and accountability, as advised by the Information Commissioner’s Office (ICO), in all matters related to client data handling, storage, export, and deletion.
12.10 Timeframe for exportsExport processing generally takes up to 5 business days. If the volume of data is particularly large, the process may take longer. Clients should not contact support for updates until the 5-day period has elapsed as we will be unable to provide an update on exports in progress – however on the rare occasion it goes over 5 days we may be able to share an ETA. Once the export is complete, an email will be sent containing the export link.
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.
13.2 Roles and Responsibilities:
13.3 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.
13.4 Sub-Processors: You agree that we may engage sub-processors to assist in the processing of personal data provided that:
13.4 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.
13.5 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.
13.6 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:
13.7 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.
13.8 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.
13.9 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.
13.10 Australian Privacy Principles (APPs)For customers located in Australia, Hambrand Technology Limited processes personal and health information in accordance with privacy principles substantially similar to those outlined in the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).All customer data is stored in the United Kingdom on cloud infrastructure provided by DigitalOcean, a service provider certified under internationally recognised standards including ISO 27001 and SOC 2. Hambrand Technology Limited has implemented safeguards consistent with APP 8.1, aligned with the UK GDPR, which is widely recognised as meeting or exceeding the standards of the APPs.
14.1 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:
14.2 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.
14.3 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.
14.4 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.
14.5 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.
14.6 Exclusions: Force Majeure Events do not include circumstances arising from:
15.1 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.
15.2 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.
15.3 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.
15.4 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.
15.5 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.
15.6 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.
15.7 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.
16.1 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.
16.2 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:
16.3 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.
16.4 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.
16.5 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.
16.6 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.
16.7 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.
16.8 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.
16.9 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.
19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 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.
19.6 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.
19.7 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.
19.8 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.
19.9 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.
19.10 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.
19.11 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.
19.12 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.
19.13 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.
21.1 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.
21.2 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.
21.3 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.
21.4 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:
21.5 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.
21.5 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.
22.1 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.
22.2 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.
22.3 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.
22.4 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.
22.5 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.
23.1 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. Additionally, logging into the software constitutes acknowledgment and acceptance of the terms of use.
23.2 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.
23.3 Right to Update Terms:
Hambrand Technology Limited reserves the right to modify, update, or replace these Terms of Use at any time, at its sole discretion. Changes will take effect immediately upon being posted on our website or within the Pabau platform.
23.4 Notification of Changes:
We are not obligated to provide individual or explicit notice of updates. However, where feasible, we may notify primary account holders by email of material updates. You are responsible for reviewing the Terms regularly. Continued use of the Services after any updates are posted constitutes acceptance of the revised Terms. We will also email out all clients yearly advising them that they should re-read the terms and conditions for any updates that may effect them.
23.5 Continued Use and Agreement:
Each time you access or use the Pabau Services—including logging into your account—you confirm your agreement to be bound by the most current version of these Terms.
23.6 Disagreement with Updated Terms:
If you do not agree with any change to the Terms, you must stop using the Services immediately and notify us in writing. Continued use after the changes take effect will be deemed acceptance.
23.7 Relief for Fixed-Term Contracts:
If you are on a fixed-term subscription and do not agree with a material change to these Terms, you may request to cancel your agreement. Provided your request is made within 30 days of the change taking effect, and you have prepaid for the term, you will be entitled to a pro-rata refund for the unused portion of your subscription.
A “material change” refers to any update that significantly alters your rights, obligations, or the commercial cost of the Services (e.g., pricing, core features, or data usage terms). Minor administrative updates or technical improvements are not considered material. This clause applies only to prepaid fixed-term contracts. Clients billed monthly may cancel from the effective date of the change but are not entitled to a refund.
24.1 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.
24.2 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.
24.3 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.
24.4 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.
24.5 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.
24.6 Chargebacks and Dispute Resolution:
You agree to contact us in good faith to attempt to resolve any billing issues or disputes prior to initiating a chargeback request. While we recognize your right to dispute a transaction with your bank, you acknowledge that chargebacks initiated without first attempting resolution with Hambrand Technology Limited may be contested by us with reference to this agreement, evidence of service provision, and communication records.
25.1 Third-Party Hosting and Service Providers
25.2 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.
25.3 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.
25.4 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.
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 of termination or legal correspondence must be provided via our live chat or sent directly to [email protected], and such notice shall be deemed effective upon receipt.
Summary of Updates
Last Updated: 4th December, 2025
