CONSULTANT TERMS AND CONDITIONS
In these terms, unless the context otherwise requires:
“Agreement” means the Application Form electronic or otherwise, these Terms and Conditions, and the Business Plan, each of which documents is incorporated by the reference into the Agreement;
“Application Form” means the Consultant Application Form electronic or otherwise to which these Terms and Conditions are appended;
“Business Plan” means the documents and booklets issued of offered by BeeverHaircare either as printed or as electronic material which set out the financial rewards for Consultants contained within the Training Manuals as defined below;
“Consultant” means the person named in the Application Form to which these Terms and Conditions are attached;
“Business Starter Pack” means a selction of Products, Training Manual and marketing literature, including brochures, recruitment forms and administration forms provided to the Consultant on becoming a Consultant and as from time to time varied or amended by Beever Haircare;
“Intellectual Property” means any patent, copyright, registered design, trade mark or other industrial or Intellectual Property right subsisting in respect of the Products, and applications for any of the foregoing;
“Training Manuals” means Beever Haircare Training Documents issued or offered to the Consultant either as printed material or as an electronic download, which shall contain information, procedures, guidelines and product details in relation to the Consultant’s business;
“Beever Haircare” means Beever Haircare Ltd trading whose registered office is at A4 Josephs Well, Hanover Walk, Leeds. LS3 1AB;
“Products” means the haircare products, styling tools, cosmetics, nutritional supplements, tanning products and any such products supplies by Beever Haircare from time to time, details of which are contained in the Training Manual and which may be varied from time to time by Beever Haircare in it’s absolute discretion;
“Restricted Information” means any information (including for the avoidance of doubt all customer and Consultant personal information) including the Business Plan which is disclosed to the Consultant under or in connection with this Agreement (whether orally or in writing, and whether or not such information is expressly stated to be confidential or marked as such);
“Trade Marks” means the Trade Marks used by, registered by or licenced to Beever Haircare or in relation to the Products at any time during this Agreement and any existing or future registered or unregistered trade and/or service marks owned by, or licenced to, Beever Haircare and applied to the Products;
1.1 Where the context so admits or requires, reference to the feminine gender includes the masculine gender and vice versa and words denoting the singular includes the plural and vice versa; headings used in these Terms and Conditions shall not affect their interpretation.
1.2 Any reference in these terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extendedat the relevant time.
2 APPOINTMENT OF AN CONSULTANT
2.1 Beever Haircare hereby appoints the person named on the Application Form as an Consultant and grants to the Consultant the non-exclusive right to market, promote and sell the Products in the territory. The Consultant shall be entitled to describe himself/herself as Beever Haircare “Authorised Consultant” for the Products, but shall not hold himself/herself out as a Beever Haircare agent for sales of the Products or as being entitled to bind Beever Haircare in any way or make any representation or warranty in relation to the Products other than as a detailed in Beever Haircare literature. The Consultant is an independent contractor and shall be responsible for all costs and expenses he/she incurs as a result of his/her consultant business for Beever Haircare, including but not limited to those relating to travel, accomodation, any business stationary and the purchase of any goods or services (if any). No Consultant is obliged, for any reason, during the term of this Agreement to:
(a) Purchase from Beever Haircare or any third party any specified amount or value of Products, or other goods or services;
(b) Maintain a specified minimum inventory; or
(c) Purchase tickets to attend events, seminars or other meetings held by Beever Haircare or by any third party.
2.2 Consultant warrants the he/she is over 18 years old and is resident in the UK.
2.3 The Consultant shall:
2.3.1 within the period of seven days from entering into this Agreement, purchase or agree to purchase a Business Starter Pack from a range of Business Starter Kits offered from time to time by Beever Haircare.
2.3.2 take out his/her own public liability insurance; Beever Haircare provides cover of our products through to the end user;
2.3.3 account for and pay to the appropriate authorities for his/her own income tax, VAT, Class 4 National Insurance contributions and all other taxes, liabilities, charges and duties.
2.4 If the Consultant is or becomes registered for VAT and is required to charge Beever Haircare for VAT on payments due, he/she shall forthwith notify Beever Haircare of his/her VAT number and supply Beever Haircare with a copy of the relevant VAT certificate along with the appropriate VAT invoices. VAT registered Consultants must notify Beever Haircare in the event they become de-registered. Beever Haircare reserve the right to issue self billing invoices for any VAT commisssion due to the Consultant and in the event self billing invoices are issued, the Consultant agrees to accept such invoices and will not issue any additional invoices in respect of the invoiced amounts.
2.5 The Consultant shall not during the term of this agreement:
2.5.1 obtain the Products for resale from any person, firm or company other than Beever Haircare;
2.5.2 directly or indirectly market or sell products which compete with the Products as part of any activity or event which takes place or is marketed using any of the Trade Marks. Further the Consultant shall not for a period of ninety (90) days after the termination of this Agreement for whatever reason promote of offer for sale or be concerned or interested in, any products or services which compete with the Products directly or indirectly and are promoted through any other direct selling business oppurtunity. This section 2.5.2 shall continue in full force and effect notwithstanding the termination of this Agreement.
2.5.3 market or sell the Products for resale to any person acting in the course of a business; or
2.5.4 directly or indirectly market or sell products through auction sites, such as Amazon and eBay, or independent webstites (unless pre authorised by Beever Haircare, such authorisation to be at the sole discretion of Beever Haircare).
3.1 Beever Haircare shall use its reasonable endeavours to supply the Products to the Consultant in accordance with the Consultant’s orders or as soon as practicable after payment provided that time of delivery shall not be of the essence.
3.2 The Consultant shall place orders in accordance with the procedure set out in the Training Manual and shall be responsible for ensuring the accuracy of each order he/she places;
3.3 Risk of loss or damage to any consignment of the Products shall pass to the Consultant from the time that the Consultant, or his/her customer, receives delivery of the products.
3.4 Beever Haircare reserves the right to decline any order in its discretion.
3.5 Beever Haircare reserves the right to sell Products to other Consultants and to customers direct and nothing in this Agreement
shall entitle the Consultant to any priority of supply in relation to the Products as against Beever Haircare other Consultants and customers.
4 PRICE AND PAYMENT
4.1 The price for all Products shall be Beever Haircares advertised retail price. Beever Haircare reserves the right to change the price of Products from time to time.
4.2 Beever Haircare shall use its reasonable endeavours to give the Consultant reasonable prior notice of an alteration in prices. The prices as so altered shall apply to all Products delivered after the applicable date of the increase.
4.3 The Consultant shall pay the price for any Products when placing an order . Beever Haircare shall be under no obligation to the Consultant or any other person to release any Products to the Consultant or any other person unless Beever Haircare has received payment in full for the same.
4.4 All prices for the Products are inclusive of any applicable value added or any other sales tax.
5.1 The Consultant shall use his/her best endeavours to promote and market the Products and the business oppurtunity. The primary means by which Beever Haircare expects the Consultant to promote the Products is by convening or arranging meetings at shows, residential or other premises approved by Beever Haircare (“Approved Venues”) or online either via the website provided to the Consultant by Beever Haircare. Any website provided to the Consultant shall be at the descretion of Beever Haircare and Beever Haircare shall be under no obligation to provide a website to the consultant at any time or as part if its performance of the Agreement (for the avoidance of doubt, Consultants are not permitted to retail products on Amazon, eBay or any similar auction site). The Consultant shall not advertise or promote Products for sale other than at Approved Venues or online or in response to orders received from his/her Customers and shall refrain from actively marketing, advertising or establishing any distribution facilities for the Products outside the Territory.
5.1.1 The Consultant may wish to obtain their own URL for use with their Beever Haircare website is accordance with clause 5.1 above. Approval in writing must be obtained fropm Beever Haircare Consultants for any URL that contains the “Beever Haircare” brand names or any derivation thereof.
5.2 In connection with the promition and marketing of the Products the Consultant shall:
5.2.1 provide a prompt and high standard of service;
5.2.2 comply with all legal requirements from time to time in force relating to the storage and sale of the Products;
5.2.3 offer all customers a 14 day money back guarantee;
5.2.4 use in relation to the Products only such advertising, promotional and selling materials as are approved in writing by Beever Haircare; and
5.2.5 provide a high quality after sales service for customers. The Consultant shall notify Beever Haircare of all comments and complaints relating to the Products.
5.3 If the Consultant fails to comply with any of his/her obligations in these terms, he/she shall indemnify Beever Haircare for all loss, cost or expense arising as a result of such failure.
5.4 The wording of Consultant generated advertisements, circulars, notices and documents, whether in written, electronic (e.g. on a website) or any other form relating to Beever Haircare or the Products or Consultant opportunities, must be approved in advance by an authorised officer of Beever Haircare. The Consultant agrees in producing such materials for approval that he/she will at all times comply with Beever Haircare policies in the Training Manuals and will clearly label or mark his/her name and address on all brochures and other literature prior to circulation by the Consultant.
5.5 The Consultant shall not, without the prior written consent of Beever Haircare, make or provide any statement, photograph or information relating to or connected with the Products or Beever Haircare, to any journalist or press correspondent or any other person who might publish such statement , photograph or information in the media.
5.6 The Consultant shall not make any promise or representation to customers or potential customers nor give any guarantee or warranties in relation to any Products other than as detailed in Beever Haircare literature or expressly authorised by an officer of Beever Haircare or by this Agreeement. Nor shall he/she admit any liability or attempt to settle any customer claims with respect to the Products on behalf of Beever Haircare.
5.7 The Consultant shall, where possible, deal with any customer queries, complaints, exchanges and refunds. Otherwise, the Consultant shall refer all enqueries , comments and complaints relating to the Products to Beever Haircare. In any event, where a customer complaint relates to the quality of the Products the Consultant shall immeadiately notify Beever Haircare of the same.
5.8 It is the responsibility of the Consultant to comply with his/her obligations under applicable consumer protection legislation in respect of the sale of Products to consumers and in particular to provide a customer with a sales receipt including notice of cancellation rights.
6.1 Beever Haircare shall pay to the Consultant any additional commisssion, bonuses and other payments over and above the basic commission rate in accordance with the terms of the Business Plan set out in the Training Manual as amended from time to time. Beever Haircare will not offer and the Consultant may not accept and payment for the introduction of potential Consultants to Beever Haircare. Beever Haircare will pay all sums earned, above the basic rate of commission in accordence with the terms of the business plan set out in the Training Manuals, by the Consultant within fifteen (15) working days of the end of the calendar month immeadiatly following the month of activity. The payment of all monies which may be become due to the Consultant is conditional on full compliance of this Agreement.
6.2 Should two people who share the same adress sign up jointly to become an Consultant, such that both share the same Consultant ID number, then any Consultant commission that is payable in respect of the Consultant account associated with that Consultant ID number shall be paid to such bank account as is specified on the Consultants’ joint application form or to such other bank account as such Consultants’ may jointly nominate in writing from time to time, in accordance with the provisions of clause 17 below. For the avoidance of doubt, any Consultant commissions that are payable shall be paid only once in respect of the relevant Consultant account and not once for each of the named persons associated with that Consultant account.
7 DIRECT SELLING ASSOCIATION
7.1 The Consultant agrees at all times to abide by the Direct Selling Association codes of conduct and in particular agrees that he/she will;
7.1.1 not use misleading, deceptive or unfair sales practices;
7.1.2 not persuade anyone to make a payment promising a benefit in respect of the introduction of other participants in the scheme;
7.1.3 give clear and accurate information about price and after-sales service;
7.1.4 comply with the provisions of the Trading Schemes Regulation 1997 and all other applicable laws and codes of conduct; and
7.1.5 when holding a party or event, ensure that all party invitations and literature:
188.8.131.52 specify the purpose of the meeting;
184.108.40.206 explain that those invited are under no obligation to purchase; and
220.127.116.11 include the details of a named contact person, their number
or e-mail address.
8 SUPPORT AND TRAINING
8.1 BEEVER HAIRCARE shall from time to time provide the Consultant with such training, samples, catalogues, brochures and up to date information concerning the Products as Beever Haircare may consider appropriate or as the Consultant may reasonably require in order to assist the Consultant with the sale of the Products, on terms as may be agreed by Beever Haircare and the Consultant.
8.2 The Consultant shall, at the request of Beever Haircare, attend training free of charge, to help the Consultant develop his/her business. The Consultant will be encouraged to participate in such training in order to keep up to date/his/her knowledge of the Products, Beever Haircare, its business and brand image. Optional training days, seminars and conferences may also be held from time to time for which Beever Haircare its agents may make a charge.
9 INTELLECTUAL PROPERTY
9.1 Beever Haircare authorises the Consultant to use the Trade Marks in relation to the Products for the purpose only of exercising his/her rights and performing his/her obligations under the Agreement.
9.2 The Consultant shall ensure that each reference to and use of any Trade Marks by the Consultant is in a manner from time to time approved by Beever Haircare and accompanied by an acknowledgement, in a form approved by Beever Haircare, that the same trade mark (or registered trade mark) is a trade mark licenced to or owned by Beever Haircare.
9.3 The Consultant shall not;
9.3.1 make any modifications to the Products or their packaging;
9.3.2 alter, remove or tamper with any Trade Marks;
9.3.3 use any of the Trade Marks in any way which might prejudice their distinctiveness or validity or the goodwill of Beever Haircare therein;
9.3.4 use in relation to the Products any Trade Marks other than the Trade Marks; or
9.3.5 use any Trade Marks or trade names so resembling any Trade Mark or trade names of Beever Haircare as to be likely to cause confusion or deception.
9.3.6 use or reporduce either in print or electronically any images owned, produced or provided by Beever Haircare without express permission and approval of Beever Haircare except where the images have been provided to the Consultant for the express prurposes of marketing the products or promoting the Trade Mark.
9.3.7 alter, tamper, rearrange or group any images provided by Beever Haircare for the purposes of marketing the products or promoting the Trade Mark.
9.4 Except as provided above, the Consultant shall have no rights in respect of any trade names or Trade Marks used by Beever Haircare in relation top the Products or the goodwill associated therewith, and the Consultant hereby acknowledges that, except as expressly provided in this Agreement, he/she shall not acquire any rights in respect of any trade names or Trade Marks and that all such rights and goodwill are, and shall remain , vested in Beever Haircare.
10 CONFIDENTIALITY, RESTRICTED INFORMATION AND DATA PROTECTION
10.1 The Consultant shall at all times during the continuance of this Agreement and after its termination;
10.1.1 treat the Restricted Information as confidential information in the nature of a trade secret which shall remain at all times the property of Beever Haircare and shall not use or disclose or permit the use or disclosure of Restricted Information to any other person (and shall take all reasonable steps to protect and maintain the security of the Restricted Information) for any purpose other than for the benefit of his/her Beever Haircare business and the performance of his/her obligations under this Agreement.
10.2 Restricted Information may be used or disclosed to the extent only that:
10.2.1 it is or becomes, public knowledge through no fault of the Consultant; or
10.2.2 it is required to be disclosed by law or regulatory authority.
10.3 The Consultant shall comply with the provisions of the Data Protection Act 1998 (as amended).
10.4 The Consultant acknowledges that he/she shall not acquire any rights in repect of any of the Restricted Information whether supplied by Beever Haircare or acquired by the Consultant in the course of his/her appointment and so far as he/she is able to do so, undertakes to do all such acts and things as may be necessary to transfer any rights or goodwill in such information to Beever Haircare.
10.5 The Consultant shall return copies of the Restricted Information in whatever media to Beever Haircare forthwith upon the termination of the Agreement for whatever reason.
11 WARRANTIES AND LIABILITY
11.1 Beever Haircare warrants to the Consultant that all Products supplied to the Consultant will be satisfactory quality. All other warranties express or implied are hereby excluded.
11.2 In the event of any breach of this warranty Beever Haircare liability shall be limited to:
11.2.1 replacement of the Products in question; or
11.2.2 at Beever Haircare option, repayment of the price (where this has been paid).
11.3 The Consultant shall not admit any liability or attempt to settle any customer claim with respect to any Product on behalf of Beever Haircare.
11.4 Notwithstanding anything to the contrary in this Agreement, Beever Haircare shall not, except in respect of death or personal injury caused by the negliganceof Beever Haircare, be liable to the Consultant by reason of any representation or implied warranty, condition or other term or any duty at commonlaw or under statute, or under the express terms of this Agreeement, for any loss of business, contracts, profits or revenue or for any consequential special or indirect loss or damage arising out of or in connection with any act or omission of Beever Haircare (whether occasioned by the negligence of Beever Haircare or its employees or agents or otherwise) relating to the manufacture or supply of the Products, their resale by the Consultant or their use by any customer.
12 FORCE MAJEURE
12.1 Neither party shall be deemed to be in breach of this Agreeement, or otherwise be liable to the other, by reason of any delay in performance, or non performance, of any of its obligations under this Agreeement to the extent that such delay or non-performance is due to any event outside its reasonable control.
13 DURATION AND TERMINATION
13.1 This Agreement shall commence on the date of acceptance of the Agreement by Beever Haircare and will continue to follow for one (1) year unless or until terminated by Beever Haircare or the Consultant pursuant to the termination provisions set out below;
13.1.1 at the end of one (1) year period as set out in clause 13.1 (and each subsequent one (1) year period where applicable) this Agreement shall be renewed for a further period of one (1) year.
13.1.2 should an Consultant not have maintained the required personal sales activity as set out in the Business Plan and becomes “inactive”, his/her position in the team shall continue in force for a Three months (3) grace period (“Grace Period”) after which it shall expire unless the Consultant becomes active again within the Grace Period. For the avoidance of doubt should the Consultant fail to make any purchase and maintain the required personal sales activity as set out in the Business Plan, during the Grace Period then the Consultant shall no longer be an authorised Consultant and shall lose any and all rights that they may have accrued in accordance with the Business Plan. Should the former Consultant
then wish to re-join Beever Haircare as an Authorised Consultant then they must do so as a brand new position. All of the above is at the sole discretion of Beever Haircare.
13.2 The Consultant has the right to cancel this Agreement within seven (7) days of enetering into this Agreement without penalty, by giving written notice to Beever Haircare at its latest address and the right to recover any monies which he/she has paid to Beever Haircare as set out in clause 2.3.1 in connection with his/her participation in the business in accordance with this Agreement. Upon cancellation, the Consultant will be entitled to a complete refund in respect of Products and marketing materials purchased from Beever Haircare, provided that those products and marketing materials remain unsold and unused by the Consultant and that such unsold or unused Products or materials remain in the condition in which they were at the time of purchase (whether or not their external wrappings have been broken).
13.3 Upon cancellation, the Consultant has the right within seven (7) days of cancelling this Agreement to cancel any orders for Products and to recover any monies paid in respect of Products and/or services not yet supplied.
13.4 Either party may terminate this Agreement at any time with or without cause by giving to the other not less than seven (7) days written notice. Notice of termination shall be given to the other party at the latest address notified to the other;
13.4.1 The Consultant will have the right within seven (7) days of termination, to return to Beever Haircare, at its latest address, all unsold or unused Products purchased from Beever Haircare during the period of 30 days prior to the termination and to recover from Beever Haircare the (VAT incluive) price he/she has paid for them, subject to the unsold and unused products being in a sataisfactory and resalable condition.
13.5 Where Beever Haircare terminates the Agreement, Beever Haircare will refund the Consultant for any reasonable cost in returning the Products.
13.6 On termination of this Agreement, the Consultant shall return any Products in respect of which he/she is claiming a refund within seven (7) days of such termination to the address of Beever Haircare on the Application Form and shall be entitled to recover monies due for any Products he/she returns upon their delivery to that address in accordance wth this sections 3. Where such products are already held by Beever Haircare, the Consultant shall be entitled to recover monies for them immediately on termination.
13.7 Beever Haircare may retain and/or recover any commisssion at any time which has been paid to the Consultant within the preceding one hundred and twenty (120) days where such a commisssion was paid to the Consultant in respect of Products which have been returned to Beever Haircare and for which Beever Haircare has paid a refund for any reason including as a result of ther termination of an Consultant Agreeement.
13.8 Without prejudice to its rights under clause 13.4, Beever Haircare shall be entitled forthwith to terminate this Agreement by written notice to the Consultant if:
13.8.1 the Consultant directly or indirectly engages in any conduct prejudicial to the interests of Beever Haircare or which in the reasonable opinion of Beever Haircare constitutes unethical conduct;
13.8.2 the Consultant commits a material breach of this Agreeement; or
13.8.3 the Consultant becomes bankrupt (or if a company goes into liqidation) or if any judgement is entered against him/her or if he/she makes a condition or settlement with his/her creditors or ceases, or threatens to cease, to carry on business.
13.9 Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement. Where Beever Haircare believes that an event or circumstance reffed to in Section 13.9.1 or 13.9.2 has occured or arisen, but believes, in the interest of fairness, that it requires further time or information to assess the relevant event or circumstanceit may, at its sole option, by giving written notice to the Consultant of the same(“the Suspension Notice”), suspend the Consultant for a period of up to three (3) moths whilst it investigates the event(s) or
circumstances giving such rise to such belief. During any period of suspension the Consultant shall continue to be the subject to the terms of this Agreement but may not market, promote or sell the Products nor be entitled to receive commissions or other payments in respect in the sale of Products. Beever Haircare shall notify the Consultant in writing when it has concluded its investigations. Where, after concluding its investigations, Beever Haircare decides to take no further action against the Consultant, his/her rights under the Agreeement will be fully restored and Beever Haircare will pay the Consultant the commission he/she has earned during the period of suspension (if any) and commissions relating to sales of Products made by Consultants in his/her team. Where, after concluding such investigation, Beever Haircare decides to terminate this Agreement, such termination will take effect from the date of the Suspension Notice. The rights to terminate this Agreement given by this clause shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
14 CONSEQUENCES OF TERMINATION
14.1 Upon ther termination of this Agreement for any reason:
14.1.1 the Consultant shall ceast to promote, market or advertise the Products or to make use of the Trade Marks other than, for the purpose of completingthe sale of Products in respect of which orders have already been received by Beever Haircare;
14.1.2 the Consultant shall cease to be entitled to all renumeration under this Agreement except for commissions (if any) payable by Beever Haircare in respect of orders placed by the Consultant and accepted by Beever Haircare prior to such termination;
14.1.3 except where the obligation on the Consultant is specified to apply after termination of the Agreement in respect of non competition in accordance with this Agreement the Consultant shall be discharged from all contractual liabilities towards Beever Haircare or any other person in connection with his/her appointment hereunder;
14.1.4 the Consultant shall have no claim against Beever Haircare for compensation for loss of distribution rights, loss of goodwill or any similar loss.
15 NATURE OF AGREEMENT
15.1 Beever Haircare may assign this Agreement and its rights and obligations under it.
15.2 This Agreement is personal to the Consultant, who may not without the written consent of Beever Haircare, assign, mortgage, charge or dispose of any of his/her rights, or sub-contract or otherwise delegate any of his/her obligations under this Agreement. Beever Haircare may assign this Agreement and any benefits relating thereto any associated company of Beever Haircare.
15.3 Nothing in this Agreement shall create, or be deemed to create or imply a partnership or joint venture relationship or the relationship of principal and agent or employer and employee between the parties nor does the Consultant have any authority to act on behalf of or as an agent of Beever Haircare save as specifically authorised by this Agreement and the Consultant shall not claim or imply otherwise.
15.4 The Application Form, these Terms and Conditions and the Business Plan, each of which documents is hereby incorporated by reference into the Agreement contains the entire Agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements and understandings between the parties with respect to this Agreement, and may not be modified except by an instrument in writing signed by the parties in accordance with clause 16.2 below.
15.5 Each party acknowledges that, in entering into this Agreement
,it does not do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided in this Agreement ,
and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
15.6 If any provision of this Agreement is held by any court or other competant authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
16.1 This Agreement shall by governed by and construed in all respects in accordance with the laws of England and Wales, and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales.
16.2 Beever Haircare may, at any time and at its sole discretion, make alterations to the Business Plan (as amended from time to time) and to this Agreement (as amended from time to time) provided that Beever Haircare shall, where practicable, provide the Consultant with one(1) calendar month’s written notice of such changes, except where such amendment relates to the financial obligations of the Consultant when thirth (30) days written notice shall be given. The placing of orders by the Consultant and/or continued promotion of Beever Haircare business opportunity following the issue of such notice of amendments will conclusively indicate acceptance by the Consultant of such amendment to the Agreement.
16.3 No third party which is not party to this Agreement may enforce any terms of this Agreement under the Contracts (Right of Third Parties) Act 1999.
16.4 In addition to any other rights and remedies available to Beever Haircare, if any amount payable by the Consultant to Beever Haircare becomes overdue, Beever Haircare may deduct such amount from any monies due from Beever Haircare to the Consultant.
17 NOTICES AND SERVICE
17.1 Any notice or other information required to be given under or authorised by this Agreement to be given by either party to the other shall be deemed validly served if delivered personally or sent (by first class pre-paid post or e-mail) to the other party at the address given on the application form overleaf or otherwised notified by the other party from time to time. If sent by first class post the period of notice shall start to run from the date when such notice is posted. If given by e-mail the perios of notice shall run from the day the e-mail is transmitted.
17.2 The Consultant shall inform Beever Haircare of any change of address or other contact details within seven (7) days of such event.