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Agreement

1.Introduction

1.1. We are Mamma Bali Ltd. We connect practitioners who offer therapy and wellness services (”Professional Services”) with individuals and businesses (“Users”) henceforth known as “Mamma Services”.
 
1.2 We are pleased to share these terms, conditions and policies with you. This document, and any other terms or policies we refer to in it, forms a legally binding agreement between Mamma Bali Ltd and you, the Practitioner and sets out how we will provide the Mamma Services to you. 
 
1.3 Throughout the agreement we shall refer to Mamma Bali Ltd as “Mamma”, “we”, “us”, or “our” and shall refer to you as “you” or a “Practitioner”. These terms and conditions together with any terms and policies referred to in them (together, the “Agreement”) form a legally binding agreement between you and Mamma. 
 
1.4. The following policies and documents are hereby incorporated within the Agreement:

1.4.1. privacy policy available at https://www.mammawellbeing.com/pages/privacy-policy ("Privacy Policy");

1.4.2. etiquette policy available at https://mammawellbeing.com/pages/etiquette (“Etiquette Policy”);

1.4.3. eligibility criteria available at https://mammawellbeing.com/pages/eligibility-criteria (“Eligibility Criteria”); and

1.4.4. data protection agreement available at https://mammawellbeing.com/pages/data-protection-agreement (“DPA”).

1.5 We may need to update the terms of this agreement or our policies from time to time. When we do that we will notify you of those changes. If you continue to use the Mamma Services after the changes have been made then we will treat your continued use as acceptance of those changes. If you do not wish to accept the notified changes you should stop using the

Mamma Services.

2. Mamma Services

2.1. Bookings can be made using the Mamma Services by:

2.1.1. the Concierge Programme (as defined in clause 3.1);

2.1.2. enabling Users to book your Professional Services directly via our online platform available at https://mammawellbeing.com (“Website”); and

2.1.3. any other functionality or booking service which we may introduce.

2.2. We will provide the Mamma Services in exchange for payment of the Service Fee (which is set out in clause 8.1).

2.3. We hope that you will find the Mamma Services to be useful. However, Mamma makes no warranty, representation or guarantee that your use of the Mamma Services will meet your requirements or that you will receive a minimum number of bookings for your Professional Services from Users.

2.4. We do not guarantee that our site, or any content on it, will always be available, uninterrupted, secure or free from error. If disruptions to our website do happen, we aim to resolve these problems in good time.

3. Concierge Programme

3.1.Mamma may recommend certain Practitioners to our Concierge Programme. We will recommend Practitioners who offer Professional Services which meet the needs the User communicates to us and which we consider to be above certain standards (“Concierge Programme”).

3.2. We may choose Practitioners who we recommend as part of the Concierge Programme to display a mark of our recommendation on any advertisement for their Professional Services placed on the Website in accordance with our instructions from time to time.

3.3. We may, at our discretion, choose Practitioners from our Concierge Programme when negotiating Bookings (as defined in clause 5.1) with businesses (“Corporate Bookings”).

3.4. Mamma shall recommend Practitioners through our Concierge Programme at our sole discretion. If you wish to be considered for the Concierge Programme we recommend that you, as a minimum, meet the requirements set out in our Eligibility Criteria.

3.5. Mamma may desist from recommending you under the Concierge Programme at any time for any reason.

3.6. Mamma may terminate or modify the Concierge Programme at any time for any reason.

4. Your Content

4.1. Mamma may request additional information, documentation or evidence from you (“Content”). If we do, you must, provide us with all Content requested. Your must do this at your own expense. Mamma will use the Content to:

4.1.1. assess whether you are eligible to use the Mamma Services (identification documentation, right to work in the UK information if required); and

4.1.2. list or otherwise advertise your Professional Services on the Website (including your name, image and a summary of your Professional Services).

4.2. Whilst not compulsory for all practices, Mamma encourages all Practitioners in our community to provide certain Content including liability and indemnity insurance, DBS documentation, and certification or accreditation. This Content will be displayed on your Practitioner profile page.

4.3 You are responsible for ensuring that all Content is:

4.3.1. accurate, correct and not misleading in all respects; and

4.3.2. use of such Content by us shall not breach any applicable law or any third-party rights (including without limitation a persons’ intellectual property, privacy or data protection rights).

4.4. In order to ensure that Mamma can provide the Mamma Services, you grant Mamma a non-exclusive, royalty free, irrevocable and worldwide licence to use, reproduce, distribute, sublicense, communicate, edit and make available the Content on the Website and any and all other distribution channels for any purpose without notice from or further payment to you.

5. Bookings and Cancellations

5.1. You shall ensure that your booking calendar is kept up to date with dates and times during which you are able to accept bookings for your Professional Services ("Booking Periods") made by Users through the Mamma Services (“Bookings”) and that any time off or other periods during which you are unavailable are clearly marked. You shall provide a minimum of 10 days availability out of every 30 days unless otherwise agreed.

5.2. If you do not keep your Booking Periods up to date you shall be responsible for handling any complaints or refunds due.

5.3 If a Booking request is made for a Professional Service with you via the Mamma Services and it falls within a Booking Period:

5.3.1. you shall be deemed to have accepted that Booking and we shall have authority to automatically conclude such Booking on your behalf. You will receive an email notification for each Booking;

5.3.2. you irrevocably authorise us to confirm the Booking to the User on your behalf; and

5.3.3. you must provide a Professional Service to the User and adhere to Mamma’s values in accordance with this Agreement.

5.4. Corporate bookings shall be managed by Mamma. If you receive a corporate booking request you will need to follow our corporate bookings guidelines and fill out our corporate order form which is included in this document via the link at the top of the page (“Corporate Bookings Guidance”). Mamma has the right to update these guidelines at any given time.

5.5. We may at our absolute discretion refuse to conclude Bookings with certain Users for any reason we deem appropriate in order to protect our legitimate business interests.

5.6. Practitioners will do their best to accommodate Mamma Clients and you shall ensure that any Bookings made using the Mamma Services do not clash with any other bookings for your Professional Services made using any third-party website, application, or contact (including your own). Once a Booking has been made using the Mamma Services you will not cancel or amend such.

5.7. You will be able to set your own cancellation and rescheduling policies for Users provided that these comply with our booking terms for Users.  In particular, unless the Booking is for an event, course or retreat, Users must be allowed to cancel or reschedule up to 24 hours before the time of the appointment without incurring any cancellation or penalty fees.

5.8 Practitioners may provide refunds in accordance with Mamma’s refund policy, as set out on our website, provided that the refund request has been made prior to the Practitioner Service appointment date. Any refund requests made after the appointment has taken place must be authorised by Mamma. Your refund policy must comply with Mamma’s refund policy, in particular:

5.8.1. Refund policies must be posted on your website (if you have a website);

5.8.2. Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations;

5.8.3. Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;

5.8.4. Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the Website; and

5.8.5. Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response.

5.9. You shall be entitled mark any live Booking Period as a vacation at any time that you will be unavailable during that period, provided that no Bookings have been made in relation to that Booking Period. If Bookings have been made in relation to a Booking Period which you wish to cancel or mark as a vacation you must notify us as soon as practicable.

5.10. If for any reason you wish to cancel a Booking with more than 24 hours notice you shall notify Mamma and the User at your earliest convenience. If you wish to cancel a booking with less than 24 hours notice you must contact the Mamma team via telephone before contacting the User.

5.11 If you cancel or fail to attend a Booking you agree that you shall, at the User’s discretion:

5.11.1. refund the full value of the Booking (including the Service Fees incurred); or

5.11.2. reschedule the Booking free of charge.

5.12. You agree that you shall reimburse Mamma for the cost of any refund incurred as a result of you failing to attend a Booking. In the event that Mamma decides to award further compensation to any User whose Booking you failed to attend, you agree to provide vouchers or coupons for booking Professional Services (either with you or a third party) using the Mamma Services up to the value of one standard class or Booking.

5.13. Mamma cares greatly about our corporate and concierge clients. Therefore, if you cancel a Corporate Booking or Booking made through the Concierge Programme you must give us at least two weeks’ notice before the day of the event by emailing Hello@MammaWellbeing.com. Your cancellation of the event in accordance with this clause does not limit our other rights under this Agreement, including, without limitation, the cancellation consequences set out at clauses 5.11 and 5.12.

6. Professional Services

6.1. Mamma cares about our clients and their welfare and experience provided through the Mamma Services. We therefore require that you take the same care of our clients. You shall perform the Professional Services with the highest level of care, skill and diligence in accordance with best practice in your industry, profession or trade.

6.2. You shall ensure that you have sufficient space in which to provide the Professional Services and that space is private, calm, quiet and in keeping with the standard of Professional Service you are expected to provide under this Agreement.

6.3. You shall ensure that you have sufficient equipment, gear, instruments and related resources to provide the Professional Services.

6.4. You shall ensure that all equipment, gear, instruments, related resources standards and techniques used in providing the Professional Services are of the best quality.

6.5. You agree to ensure that all necessary experience, qualifications, permissions, licences and consents are obtained and Maintained at all times during this Agreement to comply with all applicable laws in relation to the Professional Services and use of any equipment when providing those services.

6.6. You agree that at all times you shall comply with our Etiquette Policy.

6.7. Although we take reasonable steps to confirm each User’s age when making Bookings, it is solely your responsibility to check and verify that Users are at least 18 years of age prior to the provision of the Professional Services to each User and you shall be solely liable and shall hold us harmless and indemnify us against any liabilities, losses or damages arising from or in connection with your failure to do so.

6.8 Mamma is proud to support under 18s with wellbeing, where booked by a parent or guardian. If you wish to provide Professional Services aimed at those who are under 18 years of age you are responsible for ensuring that you have appropriate safeguarding policies and practices in place and that you have all the necessary skills, qualifications, certification and insurance to enable you to provide the Professional Services to people who are under 18 years of age.

7. Fees for your Professional Services

7.1 The parties shall, from time to time, consult on your rates for the provision of Professional Services which shall be charged by us on your behalf to Users for Professional Services booked using the Mamma Services.

7.2. We ask that you keep your rates consistent across all your marketing channels for all new paying clients. You shall at all times provide the Professional Services to Users at the same rates or lower than any other rate you offer to new paying clients on any third-party website or application (including your own).

7.3. Mamma reserves the right to offer any form of promotions, discounts or special rates to Users for the provision of your Professional Services. However, we will always give you at least 7 days’ notice of such offerings and you are deemed to accept unless you object within 7 days of receiving the notice.

7.4. Special fees for Corporate Bookings shall be agreed on a case by case basis between the parties using the Corporate Bookings Guidance.

8. Payment to Mamma

8.1. In consideration for using the Mamma Services, you agree that we shall be entitled to:

8.1.1. retain a share of the Booking Price for each Booking as notified to the Practitioner in writing from time to time as commission for providing the Mamma Services;

8.1.2. charge you a monthly fee; and/or

8.1.3. charge and retain an additional booking fee to the User for each Booking,
together (“Service Fee”)

8.2. Without prejudice to clause 8.3, payments by Users for Professional Services that are booked using the Mamma Services ("Booking Price") shall be collected by Mamma (or its subcontractor) and you hereby authorise us (or it) to deduct:

8.2.1. any taxes or tariffs due in relation to the provision of the Mamma Services;

8.2.2. our Service Fee; and

8.2.3. any other payments due to third parties (including, without limitation banking fees or payment transaction fees) in respect of any Booking.

8.3. Payments for Corporate Bookings shall be made by the Practitioner in a manner agreed between the parties in writing using the Corporate Bookings Order Form.

8.4. You will have access to your dashboard to view all statements and pending payments. For each Booking we, or our third-party payment processor, shall endeavour to provide you with a statement setting out the total balance of the Booking Price (after deductions made in accordance with clause 8.2) (“Your Fee”), and we shall pay Your Fee to any bank account  that is accepted by our payment system, and which is notified to us by you in writing from time to time, within 21 Working Days of your services being completed (for the avoidance of doubt, a "Working Day" is a day on which banks are generally open for business in England). Any transaction fees charged to Mamma Bali as a result of payment to you shall be deducted from Your Fee.

8.5. If you owe any sum of money or other liability to Mamma, we may at any time, without notice to you, deduct the amount owing from any such sums Mamma owes to the Practitioner. Mamma shall have this right of set off whether the liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Agreement. Mamma shall use reasonable endeavours to notify you if we intend to make any deductions under this clause.

8.6. For the avoidance of doubt, all fees and charges due under this Agreement are exclusive of any VAT or other tax or tariff unless expressly stated otherwise hereunder.

9. Term and Termination

9.1. The Agreement shall continue until terminated by us or you in accordance with the terms of this Agreement.

9.2. If you wish to terminate this Agreement you may do so by giving Mamma two (2) months’ written notice.

9.3 Mamma believes in equal notice periods. Mamma may terminate this Agreement with you by giving two (2) months’ written notice.

9.4. Mamma has the right to terminate the Agreement immediately without notice to you:

9.4.1. if you breach the Agreement;

9.4.2. if you refuse to accept any amendment or variation by us of the terms of this Agreement;

9.4.3. if any consent, licence or authorisation held by you is revoked or modified such that we reasonably believe that you are no longer able or qualified to provide the Professional Services;

9.4.4. if you and/or HMRC assert that you are our employee or worker status, or anything other than a recipient of services;

9.4.5. if you commit any act or do anything which we reasonably believe will or may bring Mamma (or its associated parties or brand(s)) into disrepute; or

9.4.6. if you breach the Etiquette Policy or Eligibility Criteria.

9.5. We reserve the right to suspend the Mamma Services without notice for any period that we see fit in order to protect our legitimate business interests.

9.6. On termination of the Agreement:

9.6.1. you shall return all our property to us, including without limitation any confidential information and customer information;

9.6.2. if you owe Mamma any monies you will settle all balances owed to us within 14 Working Days to a bank account of our choice which we notify you of from time to time in writing (and verify with you over the phone); and

9.6.3. we will settle all balances owed to you within 14 Working Days.

9.7. Termination of the Agreement will not affect any accrued rights and liabilities of either you or us at any time up to the date of termination.

9.8. Any terms that are intended to survive termination or come in to force on termination shall remain in full force and effect.

10. Non-Circumvention Obligations

10.1. During the term of this Agreement and for three (3) months after the term, you undertake that you shall not entice any User who finds you via the Mamma Services to make a Booking with you directly and outside of the Mamma Services.

10.2. Where a User does contact you directly (including via your website) to book your Professional Services, we ask that you do not encourage the User to discontinue using Mamma.

11. Confidentiality

11.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party (“Confidential Information”) except as is strictly necessary to comply with their obligations under this Agreement and as permitted by this clause 11.

11.2. Each party may disclose the other party's Confidential Information:

11.2.1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's Confidential Information comply with these confidentiality obligations; and

11.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.3. Neither party shall use the other party's Confidential Information for any purpose other than to perform its obligations under the Agreement.

12. Our Brand and Intellectual Property

12.1. Mamma is proud of the brand that has been created and the values we adhere to. We ask that you do not act in any way that could harm the reputation of Mamma, its staff, Users, or your fellow Practitioners. In order to protect our brand, image, reputation and goodwill you agree:

12.1.1. not to do anything that could or is likely to harm our reputation or goodwill; and
12.1.2. to allow Mamma to assess you (for our own purposes) and to provide any reasonable assistance required by us to facilitate such assessment

12.2. If we reasonably believe you have acted in a way that compromises or may compromise our brand, our values and our etiquette in any way (including any goodwill associated with that brand) you will, at your own cost, promptly take such steps as we reasonably require to remedy your conduct. This is without prejudice to any other rights we may have under the Agreement including our termination rights.

12.3. Mamma is the legal owner of all Mamma logos, trademarks, taglines and other intellectual property rights in our Website (whether registered or unregistered). You have no rights in such intellectual property rights except to the extent expressly set out in the Agreement. You shall not use such intellectual property rights except to the extent that you are expressly authorised to. For the avoidance of doubt you may not use such intellectual property rights on any social media, website or marketing materials  without the express permission of Mamma.
  
13. Liability and Insurance

13.1. References to liability in this clause 13 includes every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2. Mamma shall not, under any circumstances, be liable for:

13.2.1. any indirect loss or punitive damages; or

13.2.2. any loss of profit, loss of goodwill, loss of sales or business, loss of contracts, loss of anticipated saving, loss of use or corruption of software, data or information or loss of business opportunity whether such loss or damage arises directly, indirectly or otherwise,
that the Practitioner may suffer in connection with the Agreement.

13.3. Mamma’s maximum aggregate liability under or in connection with the Agreement and the Practitioner’s use of the Website and Mamma Services whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total of three times the Service Fee paid by the Practitioner under the Agreement.

13.4. If you intend to make a claim you must notify Mamma within 12 months of the date on which you became (or ought reasonably to have become) aware of the events giving rise to the claim.  The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. If you do not comply with this clause 13.4 you shall not be able to claim any damages whatsoever.

13.5. You shall indemnify and shall keep indemnified and hold harmless us and our subcontractors, officers, directors, employees, personnel, agents, affiliates or corporate partners, from and against any losses, damages, liability, costs (including without limitation legal fees) and expenses incurred by us arising from or in connection with:

13.5.1. the Professional Service provided by you;

13.5.2. any income tax, employee's National Insurance contributions and related interest and/or any penalties arising in respect of you providing the Professional Service for which we may be called upon to account to HMRC; and

13.5.3. any other tax whatsoever arising from or made in connection with the performance of the Professional Service where such recovery is not prohibited by law and for which we may be called upon to account.

13.6. You agree to produce to Mamma on demand copies of your insurance documents and the receipt for the then current premium which shall cover for:

13.6.1 your potential liabilities under this Agreement; and

13.6.2. your potential liabilities in connection with the provision of Professional Services.

13.7. For the avoidance of doubt, you are solely responsible and liable under clause 14.3 for your own insurance cover.

14. Third Party Disputes and Complaints

14.1 The Mamma Services are the bridge between the Practitioner and the User. We facilitate bookings for Professional Services between you and our Users. You understand and accept that Mamma shall not be a party to any agreement, arrangement, contract or other relationship (whether informal or formal) between the Practitioner and any User in respect of the provision of Professional Services.

14.2. The Practitioner hereby releases Mamma from all liability for claims, liabilities and losses arising from any Booking and agrees that Mamma shall have no liability for, or in relation to, any dispute which may arise between the Practitioner and any other parties to any such arrangements.

14.3. During the Agreement and for a period of one year afterwards the Practitioner shall maintain in force insurance policies with reputable insurance companies, against all risks that would normally be insured against by a prudent businessman/woman in connection with the risks associated with the provision of the Professional Services and any other obligation arising under or relating to the Agreement.

14.4. Without prejudice to the other provisions in this clause 14, if a User complains to us about your Professional Service, for example where you are late, we may at our discretion assume control over the handling of the complaint and determine whether compensation shall be due to the User. Our decision will be final. You shall fully reimburse us for any compensation which we pay to the User which may include without limitation, discounts on future Professional Services booked via the Mamma Services.

15. Third Party Rights and Subcontracting

15.1. The Agreement is made for the benefit of you and us and is not intended to benefit, or be enforceable by, any other person.

15.2. You hereby accept and acknowledge that Mamma may subcontract or delegate the provision of the Mamma Services or any part thereof to any third party and that Mamma’s rights hereunder shall be subcontracted to any third party in order to deliver the Mamma Services.

16. Use of Image and Personal Data

16.1. The parties agree to comply with the terms of the DPA, found at the bottom of this document.

16.2. You grant us permission to produce, amend, upload or distribute any content or other materials containing your name, voice, image and likeness for the purposes of marketing the Mamma Services and Mamma’s brand generally.

17. Audit

Mamma carries out regular data audits to ensure our brand guidelines & values are being met and there is no criminal wrongdoing across our channels.  You agree that Mamma may monitor your use of our Mamma Services for any reason that we deem necessary to protect our legitimate business interests.

18. Assignment

18.1. The Agreement is personal to the Practitioner and the Practitioner shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under any such term without our prior written consent.

18.2. Mamma may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Agreement.

18.3. Mamma may at any time sub-contract or delegate its rights or obligations under the Agreement.

19. Entire Agreement

19.1. We and you agree that the Agreement constitutes the entire agreement between you and us and without prejudice to any accrued rights and liabilities of either you or us arising by virtue of or in connection with any previous written agreement between you and us. The Agreement terminates and replaces all previous agreements, understandings and arrangements between you and us, whether in writing or oral in respect of its subject matter.

19.2. You and we each acknowledge that you and we have not entered into the Agreement in reliance on and shall have no remedies in respect of any representation or warranty that is not expressly set out in the Agreement. Neither you nor we shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Agreement.

20. Severability

If any provision of the Agreement is declared illegal or unenforceable, it shall be deemed deleted, but the remainder of the Agreement shall be valid and enforceable to the extent permitted by law. If any provision or part-provision of this Agreement is deemed deleted under this clause, Mamma shall propose a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision and that provision shall be inserted into this Agreement and shall have effect from the date this Agreement was entered into.

21. Relationship Between the Parties

21.1. You acknowledge there is no employment relationship, worker relationship or any similar type of relationship, nor are we acting as your agent.

21.2. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

21.3. In the event that you, the HMRC or any other authority asserts that you are anything other than a recipient of services, you shall cooperate with us and shall provide such assistance to us as we reasonably require.

22. Force Majeure

We shall not be liable for any breaches of our obligations under the Agreement resulting from causes beyond our reasonable control including but not limited to acts of God, enemy, fire, flood, epidemic, pandemic, explosion, catastrophe, any law or any action taken by a government or public authority or non-performance of our sub-contractors.

23. Variation

We may change the terms of this Agreement at any time. We will notify you of any changes to our terms. You shall be responsible for reading through any changes. You acknowledge that by continuing to use the Mamma Services you shall be deemed to have accepted any changes made by us to the terms of this Agreement.

24. Notice

24.1. Any notice, request, instruction or other document to be given to Mamma in accordance with this Agreement shall be sent via e-mail to the following e-mail address: hello@mammawellbeing.com (such email notice deemed delivered following confirmation from Mamma of receipt).

24.2. Any notice, request, instruction or other document to be given to the Practitioner under this Agreement shall be delivered or sent by e-mail, text message or by post using the contact details provided to Mamma during the term of this Agreement (such notice to be deemed delivered at the time of transmission for notices sent via text message and e-mail and in the case of post, one Working Day after delivery).

25. Authority to Enter into this Agreement

The parties declare that they have the right, power and authority to enter into the Agreement.

26. Choice of Law and Jurisdiction

The Agreement and any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws of England. The Parties submit to the exclusive jurisdiction of the courts of England.

27. Counterparts

The Agreement may be executed in any number of counterparts, and by you and us on separate counterparts. Each counterpart shall be deemed to be an original, but all counterparts shall together constitute one and the same instrument.

28. Language

In the event that the Agreement is presented in dual language format or a translation of the Agreement is provided by us, the English language version of the Agreement shall prevail if there is a conflict. Any notice given under or in connection with the Agreement and all other documents provided under or in connection with the Agreement shall be in English. 
 
CORPORATE BOOKINGS ORDER FORM
Practitioner:
Individual/Company:
Name:

Practitioner Contact Details:
Email:
Telephone:

Professional Services:

Corporate Client(s):

Special Requirements:

Number of Bookings:

Practitioner’s Fee:
Per Session:
Additional:
Total:

Payment Method:

Payment Due:

Practitioner Signature:

Printed Name:

Date:

DATA PROTECTION AGREEMENT

1. Data Protection

1.1. For the purpose of this Schedule, in addition to the definitions set out in the main body of the Agreement, the following terms shall have the following meanings:
Controller, Data Subject, Processor, Process, Personal Data 
Shall each have the meaning given to them in Data Protection Legislation. 
Data Protection Legislation
means, for such time as they are in force in England and Wales, the DPA 2018, the GDPR and all related legislation which may supplement, amend, implement or replace them and which relates to the protection of individual’s rights in their personal data and the protection of their privacy.
DPA 2018
Data Protection Act 2018.
GDPR
means Regulation (EU) 2016/679 from time to time in force in the UK and/or such legislation as may give effect to its terms in England and Wales.

2. Controller’s obligations

2.1. Mamma and you agree that for the purposes of Data Protection legislation that Mamma shall be the Controller and you shall be the Data Subject in respect of any Personal Data which identifies you and is transferred from you to Mamma in accordance with this Agreement.

2.2. We shall process Personal Data in accordance with our Privacy Policy.

2.3. You confirm that you are duly and lawfully authorised to transfer or otherwise transmit any Personal Data we receive from you, including Personal Data of third parties, and that we can Process such Personal Data as an independent Controller.

2.4.You hereby authorise us to hold and process Personal Data relating to you, or other third parties where you transfer that Personal Data to us, and to transfer such Personal Data to third parties in connection with the provision of the Mamma Services.

3. Processor’s obligations

3.1. Mamma and you further agree that Mamma shall be the Controller and you shall be a Processor in respect of any Personal Data which identifies Data Subjects other than the parties to this Agreement which may be Processed in connection with the provision of the Professional Services to Users under this Agreement

4. Details of Processing

4.1. Subject matter. The subject matter of Processing under this Data Protection Agreement is Personal Data relating to Users.

4.2. Duration. The duration of Processing shall be for the term of the Agreement.

4.3. Purpose and Nature of Processing. The purpose of Processing shall be to perform Mamma’s obligations under the Agreement or in accordance with the documented instructions of Mamma. The User Data shall be Processed in any nature as is strictly necessary to perform its obligations under the Main Agreement.

4.4. Types of User Data. User’s contact details.

4.5. Categories of Data Subjects. Users.

5. Data Protection Warranties

5.1. Each party warrants to the other that it will Process the Personal Data in compliance with all applicable Data Protection Legislation.

5.2. Where a party to this Agreement becomes a Processor pursuant to it, it warrants that:

5.2.1. Process the Personal Data in accordance with Mamma’s documented instructions;

5.2.2. ensure that persons with access to the Personal Data are subject to a duty of confidentiality or are under an appropriate statutory obligation of confidentiality;

5.2.3. having regard to the reasonably available state of the art of technological development, the nature of the Processing in question, the cost of implementation, and the material risk to the rights of affected Data Subjects, the Processor will take appropriate technical and organisational measures to secure relevant Personal Data against the unauthorised or unlawful Processing and against the accidental loss or destruction;

5.2.4. it will not transfer any Personal Data outside of the European Economic Area without the prior authorisation of the Controller or as is strictly necessary for the performance of its obligations hereunder;

5.2.5. it will assist Mamma in ensuring compliance with Mamma’s obligations pursuant to Article 32 through to Article 36 (inclusive) of the GDPR.

5.2.6. it will promptly report to the Controller any actual or suspected data breach concerning Personal Data that relates to this Agreement which comes to its attention and shall in relation to such breaches:

5.2.6.1. do all such things as reasonably necessary to assist the Controller in mitigating the effects of the data breach;

5.2.6.2. implement any measures necessary to restore the security of any compromised Personal Data;

5.2.6.3. work with the Controller to make any required notifications to the Information Commissioner’s Office and affected Data Subjects in accordance with the Data Protection Legislation (including the timeframes set out therein); and

5.2.6.4. not do anything which may damage the reputation of the Controller or that party’s relationship with the relevant Data Subjects, save as required by law.

5.2.7. it shall provide all requested assistance in ensuring the Controller’s compliance with its obligations under Chapter III of the GDPR;

5.2.8. it shall at the choice of the Controller, delete or return all personal data to the Controller on request by the Controller;

5.2.9. it will, on request, take reasonable steps to demonstrate to the Controller, to the extent that is reasonable given the nature of the Processing in question, that it complies with Data Protection Legislation and allow for audits, including inspections, conducted by the Controller (or its appointed representatives); and

5.2.10. immediately inform the Controller if, in its opinion, any instruction given by the Controller infringes Data Protection Legislation

6. Indemnity

6.1. The Processor agrees to indemnify and keep indemnified and defend at its own expense the Controller against all costs, claims, damages or expenses incurred by the Controller or for which the Controller may become liable due to any failure by the Processor or its employees or agents to comply with any of its obligations pursuant to this Schedule.

7. Appointment of sub-contractors

7.1. The Processor may not authorise any third party to Process Personal Data provided by the Controller without the prior written consent of the Controller and without first obliging them to treat that Personal Data to the same standard as it is obliged to do so in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of Data Protection Legislation.

7.2. Where that third party Processor fails to fulfil its data protection obligations, the initial Processor shall remain fully liable to the Controller for the performance of that other Processor’s obligations.

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