Client Service Agreement

PLATFORM SERVICE AGREEMENT

This Agreement dated (the actual date of service is recorded in company’s system) “Effective Date”

PARTIES

CASA COMPANY BEAUTY Ltd. (the “Company”)

(hereinafter, the “Company”)

AND

Client who is requesting the service. The personal details like Name, Address, Email of the client are recorded in the service details in the company’s system

(hereinafter, the “Client”)

AND

Contractor who is assigned the service. The personal details like Name, Address, Email of the contractor are recorded in the service details in the company’s system

(hereinafter, the “Contractor”)

WHEREAS the Client wishes to use the Company’s online platform to book mobile beauty services, and the Company contracts independent freelance mobile beauty service providers to perform the mobile beauty services at the Client’s residential or commercial address.

AND WHEREAS the Client pays the Company to create an order for mobile beauty services and the Company contracts the order to an independent service provider to perform the services.

AND WHEREAS the Company acts as the intermediary platform between the Client and the freelance beauty service provider for booking mobile beauty services.

The Client wishes to use the Company’s platform and the Contractor has agreed to provide such services in accordance with the terms of this Agreement. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Parties agree to as follows:

TERMS OF AGREEMENT

1. Acknowledgement. The Client and the Contractor hereby acknowledge that Casa Beauty and Casa Company Ltd., does not employ beauty service providers and does not engage in the performance of beauty services. The Company does not guarantee or review the quality, suitability, sufficiency or outcome of any beauty services booked, created or delivered using the platform services.

Beauty Services are subject to inherent risks and other factors beyond the Company’s control. The Client and the Contractor acknowledge that the Company does not provide beauty advice, opinions or recommendations about beauty services applicable to the Clients.

The Company’s purpose is to enable Clients to identify and engage with mobile beauty service providers for affordable, transparent, and convenient delivery of mobile beauty services.

The Company provides the Platform Services, including hosting and maintaining the Website and the Application, which help with the booking, creation, and delivery of mobile beauty services. At the request of a Client, the Platform Services enable the Company to provide such Client(s) with available mobile beauty service providers acting as Contractors regarding the delivery of the beauty services.

Whenever a Client contracts for mobile beauty services by booking mobile beauty services on the Company’s Platform, the Platform Services Agreement, and the rights and obligations of the Client and the Contractor are subject to these Terms and this Platform Service Agreement.

Client Acknowledgements. If you are a Client, by using the Platform you acknowledge, agree, and understand that:
1. The Company is not a party to any Beauty Service Agreement between the Client and the Contractor and will have no liability or obligations under or related to any Service Agreement except as stipulated in this Platform Service Agreement;
2. The Company cannot and does not supervise, direct, or control any Contractor, the creation of any Beauty Service Agreement or the delivery of the Beauty Services; and
3. You are solely responsible for all service fees, platform fees, government fees, sales taxes, disbursements and indirect taxes payable regarding your requisition of beauty services under this Platform Service Agreement.
Contractor Acknowledgements. If you are a Contractor, by using the Platform you acknowledge, agree, and understand that:
1. The Contractor is not an employee of the Company, and the Contractor is not eligible for the rights or benefits of employment (including unemployment or worker’s compensation insurance);
2. The Company is not a party to any Beauty Service Agreement and will have no obligations under or related to any Beauty Service Agreement;
3. The Company cannot and does not supervise, direct, or control any Contractor, the creation of any Beauty Service Agreement or the delivery of the beauty services.
4. The Company does not dictate the method or process the Contractor employs to provide mobile beauty services;
5. The Contractor may determine when and if to perform the mobile beauty services, including the days and times periods the Contractor elects to perform the services, and the Company does not set or control the work product or work schedules. However, the Company acts as an intermediary platform to facilitate and assist the freelance contractor and the client by identifying the work product, work schedules, pricing, and location for performance of mobile beauty services.
6. The Contractor will be paid at such times and amounts as agreed with a Client on the Platform, and the Contractor will only be paid once the Client pays the applicable Platform Fees and the Contractor completes the scope of services, and the Company does not, in any way, provide or guarantee you a regular salary or any minimum, regular payment;
7. Neither the Company nor the Company’s representative has made or makes any express or implied representation or warranty as to the accuracy or completeness of any reported Indirect Taxes in connection with the delivery of beauty services under the Platform Service Agreement.
8. The Contractor is solely responsible for all liability, withholding and required remittances for indirect taxes associated with any Client payments received by the Contractor through the Platform;
9. The Company does not provide the Contractor with training or an equipment, labour, tools or materials related to any mobile beauty service.
10. The Contractor is solely responsible for obtaining any liability, health, worker’s compensation, disability, unemployment, or other insurance needed, desired, or required by law, and the Contractor agrees that the Contractor is not covered by or eligible for any insurance of any kind maintained by the Company.
11. Whenever you enter into a Platform Service Agreement with a Client, such Platform Service Agreement includes, and the Contractor agrees that in providing beauty services, you are subject to the Platform Service Agreement; and;
12. The Contractor’s placement or ranking in the Client’s search results may vary and depend on various factors, such as Client search parameters and preferences, service requirements, pricing, responsiveness to Client requests, responsiveness to Company requests, cancellation history, service type, or ease of coordinating the mobile beauty service.

2. Services. The Contractor will provide the Client with the services and works (collectively, “Services”): As specified in the electronic service record in company’s system.

3. Additional Services. In addition to the Services set out above, the Client may request the following additional services if needed on the scheduled date of delivery of services, and accepted at the sole discretion of the Contractor through the Company Platform (collectively, “Additional Services”)

[Additional services – Additional services can be offered with only minor variation of available services, but should not be a significant variation of the available services. The contractor will modify the invoice, and add similarly prices services to the same.

4. Communications. During the scope of services being performed, the Client agrees to maintain communications and provide all information and feedback needed for the Contractor to carry out their obligations under this Agreement. The Parties agree to inform the other using reasonable efforts should a delay occur or be expected to occur. If the Client does not respond to any communications or provide the Contractor with information or material requested within [#] business days, the Contractor may, in their discretion, delay the delivery and timeline for services through the Platform. If such communication breakdown occurs more than once, it is within the Platform’s discretion to cancel this service without further delivery of services and any amount of the fee shall become immediately due and payable.

5. Relationship with Company. The Company merely operates the Platform Site and Site Services available to enable Freelance Contractors and Clients find and transact directly with each other. The Company introduces the Contractor to Clients, find service projects for Contractors, or finds Contractors for Clients. Through the Site and Site Services, Contractors may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Contractors that may offer the services they seek; at all times, however, Clients are responsible for evaluating and determining the suitability of the service project, Client or Contractors on their own. If Clients decide to enter into a Service Contract, the Beauty Service Contract is directly between the Client and the Contractor and the Company is not a party to that Beauty Service Contract.

Both Client and Contractor acknowledge, agree, and understand that the Company is not a party to the relationship and any dealings between the Client and the Contractor. Without limitation, Clients are solely responsible for: (a) ensuring the accuracy and legality of any service; (b) determining the suitability of Client for a Beauty Service Contract (such as vetting, background checks or similar actions); (c) negotiating, agreeing to, and executing the Beauty Service Contract; or (d) paying for Services using the Platform. The Contractor further acknowledges, agrees, and understands that they are solely responsible for assessing whether to enter into a Beauty Service Contract with the Client and for verifying information with the Company to facilitate the services. The Company does not make any representations about or guarantee the truth or accuracy of any Contractor or Client’s request for services on the Platform; does not verify any feedback or information provided by the Client or the Contractor; and does not vet or otherwise perform background checks on the Contractor and Clients. The Client and the Contractor acknowledge, agree, and understand that the Company does not, in any way, supervise, direct, control, or evaluate the Contractor or their work and is not responsible for any Project, Project Terms or the Work Product. The Company does not make any representations about and does not guarantee, and you agree not to hold the Company responsible for, the quality, safety, or legality of the Contractor’s Services; the qualifications, background, or identifies of the Clients; the ability of the Contractors to deliver the mobile beauty services; the ability of Clients to pay for Services; or the ability or willingness of a Client or Contractor to complete the scope of services and transaction.

Both Client and the Contractor acknowledge, agree, and understand that Contractors are solely responsible for determining, and have the sole right to determine, which Projects to accept, the time, place, manner and means of providing any mobile beauty services; the type of services provided, however, the pricing shall be determined or set by the Platform for beauty services.

If a Contractor uses sub-contractors or employee(s), the Contractor is solely responsible for the Contractor’s subcontractors and employees.

The Contractor acknowledges that nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any Contractor from engaging in any other business activities or providing any services through any other channels they choose. Contractors are free at all times to engage in such other business activities and services and are encouraged to do so.

6. Platform Feedback and Content. The Client and the Contractor acknowledge and agree that Client’s requests the Company’s Platform to collect information on the Site about the Client, such as feedback, composite feedback, geographical location, or verification of identity and information about the Contractor, such as geographical location, credentials or verification of identity. However, such information is based solely on unverified data that the Client and Contractor voluntarily submits to the Company and does not constitute and will not be construed as accurate data, endorsement or recommendation by the Company; the Company provides such information solely for the convenience of booking services on the Company’s platform.

serving as the Contractor’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Service Provider, if applicable) from the Client, and remitting those payments to the Contractor in the manner described under Payment Terms of this Agreement.

7. Contractual Relationship between Client and Contractor. If a Client books the mobile beauty services of the Contractor through the Company’s Platform, the Client and the Contractor shall enter into a contractual relationship directly between the Client and Contractor. The Client and the Contractor have complete discretion both with regard to whether to enter into a Beauty Service Contract with each other and with regards to the terms of any Beauty Service Contract which shall be facilitated by the Company. Both the Contractor and the Client acknowledge, agree, and understand that the Company is not a party to any Beauty Service Contract or Agreement, and that the formation of a Beauty Service Contract or Agreement between the Client and the Contractor, under any circumstance, does not create an employment or other service relationship between the Company and any Client and/or any Contractor between the Company and the parties involved.

With respect to the Beauty Service Contract or Agreement, the Clients and the Contractors may enter into any other written agreements that they deem appropriate provided that any such agreements do not conflict with, narrow, or expand the Company’s rights and obligations under the Terms of Service, Privacy Policy or the Platform’s Service Agreement.

8. Dispute Among Client and Contractors. For disputes arising between Clients and Contractors, both parties agree to abide by the dispute process that is explained in our dispute resolution section below that automatically apply and are enforceable with the particular Beauty Service Agreement. Suppose the dispute process does not resolve the dispute. In that case, the Client and the Contractor may pursue the dispute independently and acknowledge that the Company is not obligated to provide any dispute resolution assistance beyond best efforts of the Company to rectify disputes.

9. Payment and Fees. The Client will pay the Company a service fee for booking mobile beauty service and use of the Site Services for using the Site Services, including for payment processing and administration-related fees to the Contractor engaged through the Company’s Platform as included in the Client’s fees. The Company shall be paid for communication, invoicing, reporting, dispute resolution and payment services in the form of administration and service fees based on a percentage of costs for services booked on the Company’s Platform Site. The Company’s administration and service fee shall be subject to applicable sale taxes in accordance with the services booked. The Contractor shall be provided with a percentage of the total fees after completion of the scope of services.

10. Client Payments on Service Bookings. When booking the mobile beauty service through the Company’s platform, the Client becomes obligated to pay applicable amounts immediately upon booking the services. Upon completion of the services, the Company shall provide the Contractor with payment and invoicing as mutually agreed on the independent contractor agreement or any written agreement mutually agreed between the Company and the Contractor.

11. Non-Circumventing. The Contractor acknowledges and agrees that a substantial portion of the compensation the Company receives for making the Site available to the Client and the Contractor is released to the Contractor upon completion of the services after deduction of administration and service fees charged by the Company to facilitate the services. In exchange of the value provided to the Contractor to liaison the relationship between the Contractor and the Client and the Company’s efforts to establish the relationship between the Contractor and the Client, the Contractor agrees to not offer or solicit or accept any offer or solicitation from parties identified through the Company’s Platform to contract, hire, invoice, pay, or receive payment in any manner other than through the Company’s Website. Furthermore, the Contractor agrees to not initiate unsolicited communications with any Clients outside of the Company’s Platform, including, without limitation, using any information to contact the Client for future services. The Contractor and the Client agree to notify the Company immediately if either party suggest to make or receive payments other than through the Company’s platform. If you are aware of a breach or potential breach of this non-circumvention agreement, you will be required to report to the Company at the earliest. Both Client and the Contractor agree that a violation of any provision is a material breach of the Terms of Service and the Platform Service Agreement.

12. Limitation of Liability. The Company is not liable, and both the Contractor and the Client agree not to hold the Company responsible, for any damages or losses arising out of or in connection with the Terms of Service and the Platform Service Agreement, including, but not limited to:

The use of or the inability to use the Company’s Site or Site Services;
Delays or disruptions in our Site or Site Services;
Viruses or other malicious software obtained by accessing, or linking to, our Site or

Site Services;

Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
Damage to your hardware device from the use of the Site or Site Services;
The content, actions, or inactions of third parties’ use of the Site or Site Services;
Suspension or other action taken with respect to your Account;
Reliance on the quality, accuracy, or reliability of projects, profiles, ratings, recommendations, and feedback (including content, order and display), composite information, or metrics found on, used on, or made available through the Site; and
Modifying practices, content or behaviour or your loss of or inability to continue Service, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL THE COMPANY, THE COMPANY’S AFFILIATES, COMPANY’S LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION OR REMOVAL COSTS, OR LOSS

OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY

OF THE COMPANY, THE COMPANY’S AFFILIATES, COMPANY’S LICENSORS, OR

THIRD PARTY SERVICE PROVIDERS TO ANY CLIENT OR CONTRACTOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS PLATFORM SERVICE AGREEMENT OR THE OTHER TEMS OF SERVICE WILL NOT EXCEED THE LESSER OF ANY PLATFORM FEES RETAINED BY THE COMPANY WITH RESPECT TO BEAUTY SERVICE CONTRACTS OR AGREEMENTS ON WHICH THE CLIENT OR CONTRACTOR WAS INVOLVED AS A CLIENT OR CONTRACTOR DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS

WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OR ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHEHTER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

13. Warranty Disclaimer.

YOU AGREE NOT TO RELY ON THE COMPANY SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, CONTENT, OR ANY OTHER ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF

SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14. Indemnification. The Client and the Contractor hereby indemnifies, defends and holds harmless the Company, the Company’s affiliates, and the Company’s respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims and Indemnified Liabilities relating to or arising out of:

The use of the company’s site or site services by the Client and the Contractor or their agents, including any payment obligations or default incurred through use of the Site Services;
Any work product or content developed, provided, or otherwise related to your use of the Site Services;
Any Beauty Service Contracts entered into by the Client and Contractor, including, but not limited to, the classification of a Contractor as an Independent Contractor, employment relationships, failure to comply with terms of service between the Client and the Contractor and any negligence, willful misconduct, or violation of privacy rights.

15. Termination. The Company has the express right to terminate this Platform Service Agreement in its sole discretion, without explanation, upon written notice to the Client and the Contractor, which will result in the termination of the Beauty Service Contract or Agreement and any other Terms of Service, except as otherwise provided herein. If the Client or Contractor properly terminates this Platform Service Agreement via cancellation, the Client’s right to use the Site and Site Services is automatically revoked, and the booking is cancelled. The Company shall charge cancellation fees based on the cancellation provision mentioned below.

16. Late Payments. If any payment is not received on the payment due date, the Company shall have the right to cancel on all Services until any outstanding payment is received in full. If the Company has made reasonable attempts to collect outstanding payments, and any amount remains unpaid, the Company reserves the right to send the Client to collections or take all other legal remedies to attempt to collect payment from the Client.

17. Rescheduling. If the Client wishes to reschedule any booked mobile beauty service, the Client must provide not less than 24 hours’ notice. The Client understands that providing notice will not relieve the Client of any payment obligations under this Agreement and no refund of any amounts paid under this Agreement will be provided if rescheduling is not completed within the allotted notice period.

For all services, cancellations made more than 24 hours in advance: No cancellation fee.
Cancellations made less than 24 hours but more than 12 hours in advance: 30% cancellation fee.
Cancellations made less than 12 hours in advance: 50% cancellation fee.

18. Cancellation by Client. If the Client desires to cancel the services, the Client shall provide notice to the Company as soon as possible and must provide not less than 24 hours notice period. In the event of cancellation by the Client after the notice period, the Client is subject to a cancellation penalty and the total costs of service are forfeited, and in no event will any amounts paid by the Client to the Platform be refunded. The Client acknowledges to cancel online in a timely manner through the Platform’s Site.

19. Cancellation by Contractor. Suppose the Contractor desires to cancel the services booked. In that case, the Contractor shall provide notice to the Platform and the Client as soon as reasonably possible in order to cancel the appointment or reschedule for another time with the contractor or reschedule with a different contractor. The Contractor must provide notice of at least 24 hours notice period. Any payment made by the Client in booking the service shall be refunded to the Client and/or the Company reserves the right to reschedule the service with an alternative contractor and the funds provided by the Client shall be used to reschedule the mobile beauty service accordingly.

20. End of Agreement. This Agreement will end when the Client has paid the service fees to the Company and the Contractor has performed the Services as set out in this Platform Service Agreement or any other agreements. Any provisions that survive the early termination or end of this Agreement will remain in full force and effect.

21. Intellectual Property. The Client and the Contractor acknowledge that all content and materials used and distributed in providing the Services, including any content on the Company’s website, social media platforms or any other sources belongs exclusively to the Company, the sole copyright owner of the original materials and content. By receiving any unique and original materials from the Company as part of the Services, the Client and the Contractor become strictly prohibited from reproducing any part of the written, video, audio or digital materials, reselling or sharing them with others with the Company’s explicit permission to do so will be interpreted as intellectual property infringement.

22. Assumption of Risk. The Client and the Contractor assume all risks related to the Mobile Beauty Service ad any related activities set out in this Agreement.

23. Governing Law and Jurisdiction. This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada without regard to conflicts of law provisions, where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the Courts of the Province of Ontario.

24. Force Majeure. Neither the Company, the Client or the Contractor will be responsible for delays resulting from causes beyond their reasonable control, including without limitation: fire, explosion, flood, storms, pandemics, state of emergency, hazardous situations, war, riot or strike, and either Party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially effects the performance of Services. The Party relying on Force Majeure will give the other parties reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services will remain due and payable and such other amounts to be determined by the Company.

25. Notice. Any notice to be given under this Agreement must be directed to the other Party using the contact information as set out in the Platform’s Site. For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when Notice is sent electronically.

26. Assignment. This Agreement may not be assigned to any other party except with the express written consent of the Company.

27. Severability. If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

28. Voluntary Agreement. The Client and the Contractor both acknowledge that they are executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else. The Client and the Contractor further acknowledge that they have carefully read this agreement and that they have asked any questions needed for them to understand the terms, consequences and binding effect of this Agreement and fully understand it. Finally, the Client and the Contractor have been provided with an opportunity to seek the advice of an attorney of their choosing prior to signing this Agreement.

29. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, understanding or agreement between the parties, whether oral or written, on the matters contained in this agreement.

30. Survival. Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement shall survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.

31. Counterparts and Electronic Signing. This Agreement may be signed electronically and/or in counterparts or by clicking “Accept” on the Company’s Platform Site, which constitutes a fully signed and legally binding Agreement.