Pretty Haute General Terms of Service

     We refer to our General Terms of Services as our "General Terms" or "Agreement" when we are referring not only to our General Terms of Services but also to "Service Terms," Agreements, Invoices, Orders, Receipts, and Policies found in documents relating to Services that Pretty Haute provides to you. Pretty Haute may add to, delete from or modify any of these terms at any time without liability. Changes to the General Terms will not apply retroactively and will become effective 7 days after posting; however, changes to functionality or those made for legal reasons will be effective immediately. Similarly, our Service Terms, as they apply to any specific Agreement, may be revised during the term of that Agreement and those revisions will not apply retroactively but will become effective 7 days after posting; however revisions to functionality, for legal reasons, or if imposed by a Third Party Provider, will be effective immediately. The revised Terms will be posted at www.urprettyhaute.com/general-terms-of-service. You should look at these Terms regularly.

 

 

1. Overview. The terms "you" and "your" refer to the person that agrees to a Service. The term "Order" or "Invoice" refers to a specific product(s) or service(s) that you have requested Pretty Haute provide. You will have agreed to this through any means including, through an authorized representative of Pretty Haute who completes an order on your behalf as you instruct either over the telephone or in person or via email, or through a request via the Pretty Haute website. All Sections of our General Terms (this document) apply to all Services that you order. Additional terms that relate to specific Services may be described in one or more Agreements however presented to you whether separately or through a Pretty Haute, Inc. web site. In addition, you agree to be bound by the Pretty Haute General Terms of Service, Terms of Use, Privacy Policy, and any other policies that Pretty Haute posts on its website, www.urprettyhaute.com/general-terms-of-service. Pretty Haute reserves the right to modify its privacy and security policies from time to time. The Policies, your Agreement, and related documents are incorporated into and form a part of your Agreement. To the extent there is a conflict among or between any of those documents, they will govern in the following order of precedence: (a) the Invoice/Receipt, (b) the specific Agreement, (c) these General Terms and (d) the Policies.

 

2. Services. Subject to your compliance with this Agreement, (a) you may from time to time purchase one or more Services from Pretty Haute, and (b) Pretty Haute will provide those Services to you in accordance with this Agreement. THE SERVICES ARE INTENDED SOLELY FOR BUSINESS AND COMMERCIAL USE, AND NOT FOR FAMILY, HOUSEHOLD OR CONSUMER USES. 

 

3. Charges and Payment of Fees, Taxes. Unless expressly provided otherwise in your Invoice, in an Agreement, or as required by law, all fees are fully earned upon payment and upon each renewal of your Service. All payments must be made in advance and once made are non-cancelable and all amounts are non-refundable. 

  • You agree to pay Pretty Haute any initial one-time fee or fees, such as a set-up fee or product fee, as well as other fees that relate to each Service as specified in your Invoice/Receipt. All initial, one-time fees are non-refundable.

  • In certain situations, such as special promotional multi-month commitments, the set-up fee or other initial fees may be partially or fully waived. In all cases, you must fulfill the terms set forth for qualification for the partial or full waiver and if you fail to fulfill the terms (for example, if you exercise an included option to change or cancel the Service prior to completing a promotional multi-month Agreement) you then agree to pay the unpaid/waived portion of the fees as well as any specified cancellation charges or other fees that are due. 

  • If your selected Pretty Haute Service recurs or renews automatically, you understand that Pretty Haute will not send you a new Invoice for each new term or billing period unless you specifically agree to pay a different fee. If you agree to a different Service Fee, you will do so by acknowledging that different fee in a new Invoice or by agreeing in another document such as an email or Agreement. The fees for any renewal term or recurring monthly service fee will be the amount specified in your initial Invoice or in the relevant Agreement. You agree to pay all fees as and when described in your Invoice, or if your Invoice does not specify the payment terms, then you will pay the fees as and when specified in the relevant Agreement.

  • Unless stated otherwise on your Invoice or in your Services Agreement, for Services that are provided on a "month-to-month" basis, you agree to pay the Monthly Service Fee each month on the same date you opened your account. The Monthly Service Fee is due in advance of the delivery of Services. For example, if you opened your account on March 15, your Monthly Service Fee will be due on the 15th of each month thereafter until your account is terminated; and in this example, the Monthly Service Fee for Services delivered from April 15 to May 14 would be due on April 15.

 

4. Billing and Payment. All payments made under this Agreement must be in US Dollars. In the event that the Client fails to pay the Consultant invoice within 5 days, a 5 percent “delayed payment" fee will be charged. If you fail to pay any amount regardless of payment terms as and when due toany Service, Pretty Haute may cease providing that and all other Services, may engage the services of a collection agency and/or may enforce its legal remedies, and in that case, the prevailing party will be entitled to recover its reasonable attorney fees, whether incurred prior to, at trial and in any appeal or other post-judgmentproceeding. In addition, Pretty Haute may charge a reinstatement fee if, after termination, you wish to reinstate Services that were terminated due to non-payment or for any other reason.

 

5. Term and Renewal. Unless either Pretty Haute or you provide notice of termination to the other party in the manner described below, your Service will automatically renew on the same terms (except as described in Section 4 of this Services Agreement) for successive renewal terms. Each renewal term will be for the duration specified in your Invoice or Agreement. The fees payable for a Service for each renewal term may change as referenced in Section 4 of these General Terms, and/or as described in the Service’s Agreement.

 

6. Ownership.You own the intellectual property rights and all goodwillassociated with your trademarks and all copyrighted works and confidential information that you deliver to Pretty Haute (the "Client Intellectual Property"). Depending upon the Service we provide to you, we may ask that you provide to us images, videos, written, visual and auditory content, materials, and the like, (the "content") and when you do provide content to Pretty Haute, you certify that you own or have the legal right to use the provided content.

 

7. DISCLAIMERS AND LIMITATIONS.ALL SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THE DOWNLOADING OF ANY MATERIAL AND/OR DATA FROM ANY SOURCE PROVIDED BY Pretty Haute, A THIRD PARTY SUPPLIER, OR THEIR RESPECTIVE LICENSORS AND OTHER CONTRACTORS.

 

8.Termination of Service, Solution, or Product. 

If you breach any part of this Agreement, Pretty Haute may, in its sole and exclusive discretion, immediately and without notice to you, however, any fees payable for those Services will continue to accrue for those suspended Services, and you will continue to pay all fees that accrue during the period of suspension. 

  • You may terminate this Agreement as it applies to any or all Services if Pretty Haute breaches any of its obligations, representations or warranties under this Agreement and fails to cure that breach within 30 days following the date Pretty Haute receives written notice describing in reasonable detail the nature of that breach.

  • You may terminate this Agreement as it applies to any or all Services if Pretty Haute breaches any of its obligations, representations or warranties under this Agreement and fails to cure that breach within 30 days following the date Pretty Haute receives written notice describing in reasonable detail the nature of that breach. 

  • Pretty Haute may terminate this Agreement as it applies to any or all Services immediately without notice if you or any of your agents breach Pretty Haute's acceptable use of Services as set forth in this Agreement, including the policy found in Section 8 (Ownership) of this Services Agreement or any other provision of this Agreement if the breach is incapable of cure. Pretty Haute may terminate the Agreement as it applies to any or all Services if you or any of your agents breach any other provision of the Agreement and fail to cure that breach within 30 days following the date Pretty Haute sends you written notice describing in reasonable detail the nature of that breach.

  • Pretty Haute reserves the right to terminate providing or supporting a Service, Solution, or Product for any reason. In the event of a termination Pretty Haute will provide you with as much notice as is possibleunder the circumstances of such termination; however, termination related to functionality may occur immediately and without any notice. (For example, a functionality termination may occur in relation to software or hardware failure or support changes.)
     

9. Effect of Termination. Unless otherwise specified in your Invoice or Agreement, you will not receive a refund of any amounts you have paid if this Agreement is terminated, and you may incur additional fees as described in the Agreement for the affected Services (e.g., when a fee is payable in installments). If the Agreement terminates as a result of your breach of the Agreement, you will pay, in addition to all outstanding fees, the costs of that termination, including reasonable costs that Pretty Haute incurs in closing your account and terminating your receipt of the Service(s). You will pay those fees and costs within 30 days of your receipt of an invoice from Pretty Haute for those costs. Upon termination of the Agreement for any reason, you will destroy the original and all copies of the works, materials and other deliverables that Pretty Haute provided or made available to you under this Agreement or that Addendum, and Pretty Haute may delete the information in its possession or under its control related to you

 

10. Miscellaneous. Pretty Haute is one of your independent contractors. Pretty Haute is not your partner, employee or joint venturer. You will not assign or transfer the Agreement or any of your rights or obligations under this Agreement without Pretty Haute's prior written consent. Pretty Haute may assign or transfer to another the Services or Agreements we provide to you and may allow you to do so with the written permission of Pretty Haute. The Agreement will inure to the benefit of and be binding upon each permitted successor or assigns of the parties. Each provision in the Agreement will be treated as a separate and independent clause, and the unenforceability of any one clause will not impair the enforceability of any other clause in this Agreement. Moreover, if any provision of the Agreement is for any reason be held to be void or unenforceable as written, the parties intend that (a) such provision of the Agreement be enforced to the extent permitted by law, and (b) the balance of the Agreement remain in full force and effect. No waiver of any provision of the Agreement will be effective unless it is in writing and signed by an authorized officer of Pretty Haute, and either party's granting of a waiver on one occasion will not affect its right to enforce that provision or any other provision of the Agreement at a later time.
 

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