Terms of Service
These Terms of Service (the "Terms") are a legally binding agreement between Orbis Digital Ltd, a company registered in England and Wales trading as "Orbis Salon" ("Orbis", "we", "us", "our"), and the business that registers for or uses the Orbis Salon platform (the "Customer", "you", "your").
By creating an account, ticking the acceptance box at signup, or using the Service, you agree to these Terms, our Acceptable Use Policy, our Data Processing Addendum and our Privacy Policy, each of which is incorporated into these Terms by reference. If you do not agree, you must not use the Service.
1. Definitions
- "Service" — the Orbis Salon software platform, including the management dashboard, online booking pages, customer portal, website publishing tools, mobile/management APIs, communications tools and all related features we make available to you.
- "Venue" — a salon or business location managed through your account.
- "Users" — your owners, managers, staff and other personnel you authorise to access the Service.
- "Customer Data" — all data submitted to the Service by you, your Users or your clients, including client records, appointments, forms, images and content.
- "Plan" — the subscription tier you have selected (for example Lite, Basic, Starter, Growth or Signature), together with any add-ons. The Lite plan is subject to usage limits (currently up to 30 bookings per calendar month, 5 active services and 1 team member); these limits may change on reasonable notice.
- "Fees" — the subscription charges, add-on charges, usage charges and transaction charges payable for the Service.
2. The Service
2.1 Subject to these Terms and payment of the applicable Fees, we grant you a non-exclusive, non-transferable, revocable right for the duration of your subscription to access and use the Service for your internal business purposes and for providing services to your own clients.
2.2 Features vary by Plan. The features, inclusions and limits of each Plan are as described at signup and in your dashboard at the time of purchase. We may improve, modify or discontinue features of the Service from time to time; where a change materially reduces the core functionality of your Plan, we will give you reasonable advance notice.
2.3 We may issue updates, patches and new versions of the Service at any time. Some features (for example card payments, email delivery or AI-assisted drafting) depend on third-party providers and may be subject to those providers' availability and terms (see clause 10).
3. Account registration and security
3.1 You must provide accurate, current and complete information at registration and keep it up to date.
3.2 You are responsible for maintaining the confidentiality of all login credentials and for all activity that occurs under your account, including activity by your Users. You must notify us without delay at [email protected] if you suspect any unauthorised access or security breach.
3.3 You must ensure that each User accesses the Service with their own credentials, that access rights reflect each User's role, and that access is promptly revoked when a User leaves your business. Where your Plan includes a limit on User accounts, you must not circumvent that limit by credential sharing.
3.4 We may suspend any account or credential that we reasonably believe has been compromised or is being misused.
4. Free trial
4.1 New accounts start on a free trial (14 days unless a different period is stated at signup or agreed with us). During the trial you may use the Service without charge.
4.2 At the end of the trial your access will be restricted unless you subscribe to a paid Plan. We may delete Customer Data belonging to trial accounts that do not convert to a paid Plan following a reasonable retention period, as described in our Privacy Policy.
4.3 Free trials are for genuine evaluation. We may withdraw the trial from any person who has previously trialled the Service or who registers multiple trials for the same business.
5. Plans, fees and payment
5.1 Fees. The Fees for your Plan are those displayed at signup or in your dashboard at the time you subscribe, upgrade or downgrade, plus any applicable add-ons and usage charges (for example additional staff members beyond your Plan's inclusive allowance, or SMS message credits). All Fees are stated exclusive of VAT unless expressly stated otherwise; VAT is added at the prevailing rate where applicable.
5.2 Billing. Subscriptions are billed in advance for each billing period. Usage-based charges (such as SMS credits or per-staff add-ons) may be billed in arrears or on purchase. You authorise us and our payment providers to charge your chosen payment method for all Fees due.
5.3 Online payment processing. Where your Plan includes online card payments, payments taken from your clients are processed by our regulated payment partner. A card processing charge (currently 2.5% + 20p per online transaction, unless otherwise agreed in writing) is deducted from or charged on each transaction. You are responsible for completing any identity and onboarding checks required by the payment partner, and for all refunds, chargebacks and disputes relating to payments taken from your clients, including associated costs.
5.4 Changes to Fees. We may change our Fees by giving you at least 30 days' notice by email or via the dashboard. Changes take effect from your next billing period after the notice period. If you do not accept a Fee change you may cancel your subscription before it takes effect.
5.5 Upgrades and downgrades. Upgrades take effect immediately or from the date shown in your dashboard. Downgrades take effect in accordance with the rules of the target Plan; where the target Plan has lower limits (for example fewer User accounts or bookable staff), access for the excess Users or features may be automatically restricted or deactivated, as described in the dashboard at the point of downgrade.
5.6 Late or failed payment. If any Fee is not paid when due, we may (after notice) suspend or restrict your access to some or all of the Service until payment is made. We may also charge interest on overdue sums at 4% per annum above the Bank of England base rate, accruing daily, and recover reasonable costs of collection. Suspension does not relieve you of your obligation to pay.
5.7 No refunds. Except where required by law or expressly stated in these Terms, Fees are non-refundable and payment obligations are non-cancellable for billing periods already started.
6. Your obligations
6.1 You must use the Service in accordance with these Terms, the Acceptable Use Policy and all applicable laws and regulations, including data protection law, consumer protection law and rules governing electronic marketing.
6.2 You are solely responsible for:
- the accuracy, quality and legality of Customer Data and of the services you offer through the Service;
- the prices, descriptions, offers, terms, policies and content you publish on your booking pages, websites, forms and communications;
- obtaining and maintaining all consents and lawful bases required to collect and use your clients' personal data, including any consents required for marketing communications and for the collection of health-related information in consultation forms;
- your own compliance with rules applicable to your trade, including any patch testing, insurance, age-restriction or licensing obligations;
- maintaining your own equipment, connectivity and email deliverability records (such as domain settings) where relevant.
6.3 You must not use the Service to send unsolicited marketing, to store or transmit unlawful material, or in any way that infringes the rights of any third party.
7. Customer Data and data protection
7.1 As between you and us, you own all Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit, display and back up Customer Data solely as necessary to provide and support the Service, to comply with law, and as otherwise permitted by these Terms.
7.2 For personal data contained in Customer Data relating to your clients, you are the controller and we are your processor. The Data Processing Addendum applies to that processing and forms part of these Terms.
7.3 For personal data relating to you and your Users (account, billing and usage data), we are a controller and our Privacy Policy applies.
7.4 We maintain appropriate technical and organisational measures designed to protect Customer Data, as described in the Data Processing Addendum. You are responsible for configuring and using the Service appropriately, including access permissions, and for maintaining your own copies of any data you export.
8. Intellectual property
8.1 We and our licensors own all intellectual property rights in the Service, including its software, design, templates, and documentation. No rights are granted to you other than the limited right of use set out in these Terms.
8.2 You must not (and must not permit anyone else to) copy, modify, create derivative works from, reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent permitted by law; nor sublicense, resell, rent or make the Service available to any third party other than your Users and clients as intended by the Service's functionality.
8.3 If you provide feedback or suggestions about the Service, we may use them without restriction or obligation to you.
8.4 You retain all rights in your own branding, logos and content. You grant us a licence to display them within the Service and on your booking pages and published websites as directed by your configuration.
9. Publishing tools, communications and AI features
9.1 Content you publish through booking pages, websites and the website API is your responsibility. We may suspend or remove published content that we reasonably believe breaches these Terms, the Acceptable Use Policy or the law.
9.2 Emails, SMS and letters generated or sent through the Service are sent on your behalf and at your direction. You warrant that you have the right to contact each recipient and that your use complies with the Privacy and Electronic Communications Regulations (PECR) and UK GDPR.
9.3 Where the Service offers AI-assisted drafting, generated output is a draft only. You must review and approve all AI-generated content before use. AI output is provided "as is" and may contain errors; it is not professional, legal or medical advice, and we accept no liability for your use of it.
9A. Customer Website, Domain and Hosting
Where a customer website is provided, the customer is responsible for ensuring that a suitable domain name and hosting environment are available unless Orbis Salon or Orbis Digital Ltd has agreed to provide hosting as part of the service.
The customer may use an existing domain, purchase their own domain, or request that Orbis Salonor Orbis Digital Ltd purchases a domain on their behalf. We recommend that customers purchase and manage their own domain directly so that they retain full ownership and control.
If a domain is purchased by Orbis Salon or Orbis Digital Ltd on behalf of the customer, the domain may remain registered and managed under Orbis control. Unless otherwise agreed in writing, such domains will not automatically be transferred to the customer if the service is cancelled or terminated. Any transfer request may be subject to approval, verification, administrative fees and third-party registrar rules.
Hosting may be provided by Orbis Salon/Orbis Digital Ltd free of charge or as part of a plan where stated. Alternatively, the customer may host the website on their own hosting. Where the customer uses their own hosting, they are responsible for hosting availability, compatibility, security, renewals and access.
If the Orbis Salon service is cancelled, website functionality that depends on the Orbis Salon platform, API, booking system, customer portal, forms, payments, analytics or content synchronisation may stop working.
10. Third-party services
10.1 Parts of the Service interoperate with third-party services (for example payment processing, email delivery and AI providers). Your use of a third-party service may be subject to that provider's own terms, and where so, you must comply with them.
10.2 We are not responsible for third-party services that we do not control, although we will use reasonable care in selecting and integrating our providers.
11. Availability and support
11.1 We will use commercially reasonable efforts to make the Service available, but we do not guarantee that the Service will be uninterrupted or error-free. Planned maintenance will, where practicable, be carried out outside peak hours.
11.2 Support is provided by email during our normal business hours. We aim to respond promptly but response times are not guaranteed unless separately agreed in writing.
12. Suspension
We may suspend or restrict your access to all or part of the Service immediately if: (a) Fees are overdue (clause 5.6); (b) we reasonably believe you have materially breached these Terms or the Acceptable Use Policy; (c) suspension is required to protect the Service, other customers or the public; or (d) we are required to do so by law. Where practicable we will give you notice and an opportunity to remedy the issue first.
13. Term and termination
13.1 These Terms apply from the date you create an account and continue until your subscription ends and your account is closed.
13.2 You may cancel your subscription at any time via the dashboard or by written notice to us. Cancellation takes effect at the end of your current billing period; no refunds are given for the remainder of a billing period already paid, except where required by law.
13.3 Either party may terminate immediately by written notice if the other party: (a) commits a material breach and (where remediable) fails to remedy it within 14 days of notice; or (b) becomes insolvent, enters administration or liquidation, or ceases to trade.
13.4 On termination or expiry: (a) your right to use the Service ends; (b) you may export your Customer Data for a period of 30 days after termination, after which we may delete it in accordance with the Data Processing Addendum, save for copies retained under law or in routine backups; and (c) all Fees accrued up to termination become immediately due.
13.5 Clauses which by their nature should survive termination (including clauses 5, 7, 8, 14, 15, 16 and 18) shall survive.
14. Warranties and disclaimers
14.1 Each party warrants that it has the authority to enter into these Terms.
14.2 We warrant that the Service will be provided with reasonable skill and care.
14.3 Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law (including any implied terms of satisfactory quality, fitness for a particular purpose and non-infringement) are excluded to the fullest extent permitted by law. The Service is a business administration tool: we do not warrant that it will meet your specific requirements, generate any level of bookings or revenue, or be compatible with all third-party systems.
15. Limitation of liability
15.1 Nothing in these Terms limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
15.2 Subject to clause 15.1, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: loss of profits; loss of revenue or anticipated savings; loss of business or opportunity; loss of goodwill; loss or corruption of data (beyond our restoration obligations under the Data Processing Addendum); or any indirect, special or consequential loss.
15.3 Subject to clauses 15.1 and 15.2, our total aggregate liability arising out of or in connection with these Terms in any 12-month period shall not exceed the total Fees paid by you to us in that 12-month period (or £100 if no Fees have been paid).
15.4 You acknowledge that the Fees reflect this allocation of risk and that we would not provide the Service on these Terms without these limitations.
16. Indemnity
You will indemnify and hold us harmless against all claims, losses, damages, costs (including reasonable legal fees) and expenses arising from: (a) Customer Data or content you publish through the Service; (b) your breach of clause 6, 9 or the Acceptable Use Policy; (c) claims by your clients or Users relating to the services you provide; or (d) your breach of applicable law, except to the extent caused by our breach of these Terms.
17. Account deletion
17.1 Right to request deletion. You may request deletion of your account at any time from within the Service (Settings > Delete Account) or via the public request page at /delete-account. Submission of a request does not by itself terminate these Terms or your subscription, and does not constitute immediate deletion of your account.
17.2 Review and processing. We will review all deletion requests and contact you if we need to verify your identity before acting. We aim to complete verified deletion requests within 30 days. We may decline a request where we reasonably require data to be retained under clause 17.3, or where the request cannot be verified.
17.3 Retained data. Notwithstanding any deletion request, we are entitled to retain data as necessary to comply with legal and regulatory obligations (including HMRC record-keeping requirements), to resolve disputes, to enforce these Terms, to prevent fraud, and to comply with any other legal requirement. Payment records, audit logs, and security event logs may be retained for the periods required by applicable law and set out in our Privacy Policy.
17.4 Subscription and subscription cancellation are separate. Account deletion does not constitute cancellation of a subscription for billing purposes. If your subscription is billed directly by us, contact us to cancel it. If your subscription is managed through an app store (Apple App Store, Google Play or similar), you must cancel the subscription through that provider's subscription management settings. We are not responsible for charges that continue after account deletion if you have not separately cancelled an app store subscription.
17.5 Data export. We recommend that you export all data you need before submitting a deletion request. We are not responsible for any loss of access to data following account deletion that was not exported before the account was closed.
18. Changes to these Terms
We may update these Terms from time to time. For material changes we will give you at least 30 days' notice by email or via the dashboard. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a material change you may cancel your subscription before it takes effect.
18. General
18.1 Entire agreement. These Terms (with the documents incorporated by reference) constitute the entire agreement between the parties and supersede all previous agreements relating to their subject matter. Each party acknowledges it has not relied on any statement not set out in these Terms.
18.2 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets.
18.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, provided that this does not excuse payment of Fees due.
18.4 Severance. If any provision is found invalid or unenforceable, the remainder of these Terms remains in force.
18.5 Waiver. A failure to enforce a right is not a waiver of that right.
18.6 Third-party rights. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
18.7 Notices. Notices to us must be sent to [email protected]. Notices to you may be sent to the email address registered on your account or displayed in your dashboard.
18.8 Governing law and jurisdiction. These Terms and any dispute or claim arising out of them (including non-contractual disputes) are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
19. Contact
Orbis Digital Ltd (trading as Orbis Salon)
Email: [email protected]
Phone: 0191 603 0275