Start Terms
Effective Date: November 8, 2022
1. Start Terms Introduction
These Service Specific Terms are additional terms that apply specifically to the Member’s use of the “Style Start Program” (as defined below) and are subject to and incorporated into the Terms of Use between Vostra Moda, LLC (“we”, “us”, “our”, “Vostra Moda”) and the Member (collectively, “Parties“), based upon the requirements as set forth below (the “Start Terms“).
The Start Terms detail the rights relating to the provision of the Style Start Program, please review them carefully as they are a legally binding agreement between the Member (“you” and “your”) and Vostra Moda.
1.1 Definitions
Any capitalized words or phrases not defined in the Start Terms have the meaning specified in the Terms of Use, Privacy Policy, or Styling Terms.
Unless the context otherwise clearly indicates, all capitalized terms used in the singular include the plural and vice versa.
Style Start Program
Style Start Programs are more fully described in Exhibit A and any other exhibits as may be incorporated under the Start Terms.
2. What Are The Terms?
Additional terms and conditions or policies may apply to your use of the Style Start Program, all of which documents are incorporated herein by this reference:
Each of these documents, including the Start Terms, may be changed from time to time and are effective immediately upon posting such changes on the Site.
- Check the Terms Changes section for full details related to the Start Terms guidelines on changes.
The Parties have agreed that the Member would like Vostra Moda to provide the Style Start Program as described in Exhibit A.
In the event of a conflict between these Service Specific Terms and the Terms of Use, the conflict will be resolved in the following order:
- The Start Terms, and
- The Terms of Use.
2.1 Your Acceptance of the Start Terms
By using the Style Start Program, you acknowledge, accept, and agree with all provisions of the Start Terms in full, including a binding arbitration dispute resolution process. If you do not agree to the Start Terms, please do not use the Style Start Program.
3. Program Participation
The Style Start Program is offered to Members as a way to allow for flexible payments for participating Styling Services. You must meet certain criteria to participate.
3.1 Restricted Age
The Style Start Program is not targeted at anyone under the age of eighteen (18) years of age. A Member under eighteen (18) years of age must obtain verifiable consent from a parent or legal guardian to participate.
3.2 Program Enrollment
You enroll in the Style Start Program when you claim or redeem a Start Card or are accepted to participate in a Start Plan.
3.3 Program Communication
You will receive emails relating to your participation in the Style Start Program to the email address in your account. It is your sole responsibility to keep this information up to date.
4. Program Rules
Unless otherwise indicated, you may use the Style Start Program, solely for your non-commercial, personal purposes, and/or to share about us, and our Offerings and opportunities.
4.1 Start Card Rules
You may participate in our eGift program to make it easier for you to gift or use our Services. Participating in an eGift program by purchasing or gifting a virtual gift card can be a great way for the recipient to receive an eGift made available by us at our sole discretion from time to time (the “Start Card” or “Style Start Card“).
Start Card Program rules (the “Start Card Rules“) apply to eGift programs that are administered solely by Vostra Moda. By purchasing or redeeming a Start Card, you agree to be bound by these rules.
Violation of the Start Card Rules may prevent you from participating in any of our Style Start Programs, now or in the future, and could also result in the forfeiture of Start Cards or deactivation of your account.
How do I claim a Start Card?
When you purchase the Start Card from us, you authorize us to charge your credit card, debit card, or other chosen electronic payment method.
The dollar value of the Start Card is a prepayment for a participating service. Participating services can be found on the program page.
We will send a purchase receipt to the email address you provide us at checkout. The Start Card receipt will have a unique order number associated with it that we will require to redeem the Start Card.
Treat your Start Card like cash! At our sole discretion, we will only redeem or refund unused Start Cards with a valid order number and the original receipt. Used or partially used Start Cards cannot be refunded.
Where is my Start Card purchase receipt?
Please check to make sure the email address is correct and contact us. We are not responsible for Start Cards that are undeliverable or not received due to your failure to enter an accurate email address.
If you have provided a correct email address, but the purchase receipt has not been received within a reasonable period, the following is a list of common reasons why delivery may have failed:
- Spam filter blocked the email;
- Recipient’s firewall blocked the email;
- Email inbox is over size limit; or
- Invalid email address.
Can I get a refund?
Unless otherwise required by law or permitted by the Start Terms, the dollar value of the Start Card is nonrefundable and may not be redeemed for cash.
Can I gift a Start Card?
Yes. Do not disclose your Start Card information to anyone unless you authorize them to use it. By disclosing your Start Card information, you hereby authorize the recipient to use your Start Card on your behalf.
Restrictions apply for the use of Start Cards for business or professional purposes:
- Start Cards may be used as business gifts, but may not be used for marketing, advertising, or promotional activities; and
- Start Cards cannot be resold absent our written consent. Any resale will only be authorized for the Start Card’s face value.
What if I lose my Start Card?
You are solely responsible for all transactions using your Start Card, including unauthorized transactions. Anyone who obtains possession of your Start Card information may use it.
We have no liability to you for any third-party fraud or unlawful activity associated with any Start Card balance. If we discover a Start Card or Start Card balance was sourced or derived from unlawful means, we may in our sole discretion, cancel all impacted Start Cards and retain all related Start Card balances without notice to you.
If your Start Card is lost, stolen, or destroyed, it can be replaced with the balance remaining on it. We will cancel your Start Card and load the remaining balance on a replacement at the time you contact us.
How do I redeem a Start Card?
You can redeem only one (1) Start Card per service. The value of the Start Card is redeemed when the recipient successfully completes the client sign-on process.
Client sign-on process
- Request styling services.
- Accept styling terms.
- Receive welcome email.
Will my Start Card expire?
Start Cards have no expiration date nor does the value on the Start Card ever expire. There are no activation, service, dormancy, or inactivity fees in connection with your Start Card.
What is my Start Card balance?
When you purchase or use your Start Card, we will provide a receipt to the email address associated with the Start Card or Client account.
The receipt will indicate that the purchase was made using a Start Card and will provide the remaining balance of your Start Card. We will not send you statements of activity for your Start Card.
We will correct the balance of your Start Card if we believe that a clerical, billing, or accounting error has occurred. Please contact us If you wish to dispute a transaction applied to your Start Card. We are not obligated to review or correct billing errors unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
Assuming you provide sufficient details, we will review your claim. We will correct any errors promptly after our review. If we do not find any errors, we will explain what we found.
We reserve the right to change, end, or pause, any eGift program, as well as any Member’s ability to participate or receive Start Cards at any time and for any reason.
If we terminate without cause, we will refund or issue service credits equal to the balance on your canceled Start Card(s), less any amounts that you may owe us.
4.2 Start Plan Rules
We may invite you to participate in our payment program to make it easier for you to pay for Styling Services within an extended timeframe.
You should request to participate in our payment program if you believe you will be able to pay for Styling Services in full within an extended time frame.
Participating in a payment program by signing on as a Client and being accepted to participate, can be a great way for you to pay for Styling Services in monthly installments made available by us at our sole discretion from time to time (the “Start Plan” or “Style Start Plan“).
Start Plan Program rules (the “Start Plan Rules“) apply to payment programs that are administered solely by Vostra Moda. By signing on as a Client, and being approved to use a payment plan to pay for Styling Services, you agree to be bound by these rules.
Violation of the Start Plan Rules may prevent you from participating in any of our payment programs, now or in the future, and could also result in incurred fees or the deactivation of your account.
Who is eligible to participate in a Start Plan?
Eligible participants must be new Clients or past Clients with no past-due debt.
How do I apply for a Start Plan?
Applicants who are accepted will be notified when the client sign-on process is completed.
Applicants who are not accepted will be notified before the client sign-on process is completed.
Client sign-on process
- Request styling services.
- Accept styling terms.
- Receive welcome email.
What are the Start Plan costs?
If we approve your Start Plan application, costs will be based on the participating Styling Service you are a Client of. Participating services and costs can be found on the program page.
In lieu of charging a setup fee or interest, all Start Plans may be subject to an increase in cost.
When is my payment due?
Payment is due within five (5) business days of invoice.
You agree that any payments not paid within thirty (30) days of the invoice are subject to a late fee of one (1) % per week until payment is received.
How do I pay additional fees?
Failure to pay any fee or invoice may result in temporary or permanent suspension of the Styling Service.
Additional fees will be invoiced separately from your Start Plan payment schedule and are due within five (5) business days of invoice.
In the event that we incur legal fees, costs, or disbursements in an effort to collect our invoices or fees, in addition to interest on the unpaid balance, you agree to reimburse us for all such expenses.
How do I check my balance?
You can view the current amount owed and payment history on your most recent invoice.
We reserve the right to change, end, or pause, any payment program, as well as any Member’s ability to participate in any Start Plan at any time and for any reason.
5. Term and Termination
The Start Terms will apply for as long as you participate in the Style Start Program until terminated.
5.1 Termination
We may terminate the Start Terms or your participation in the Style Start Program:
- Immediately, and without notice, if you violate the Start Terms; or
- Immediately, and without notice, if your account is unauthorized, deceptive, fraudulent, or otherwise unlawful.
6. Indemnification
You will indemnify, defend, and hold Vostra Moda, and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, harmless from and against any and all, demands, liabilities, losses, damages, costs, expenses (including attorneys’ fees and costs) incurred or suffered by or threatened against us in connection with or as a result of any claim brought by or on behalf of any third-party as a result of or in connection to our appearance or association with you unless such claim arises from our acts or omissions or arises from breach of any obligation and/or warranty made by us hereunder.
7. Disclaimer of Warranties
The Style Start Program is provided “as is” and on an “as available” basis. We make no warranties whatsoever.
We explicitly disclaim all warranties whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or compliance with laws or government rules or regulations applicable to the Style Start Program.
We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Style Start Program.
We do not represent or warrant that your Start Card will always be accessible or accepted.
8. Limitation of Liability
To the extent allowable by law, in no event will Vostra Moda and its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, be liable for lost profits, business interruption, or for any indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the Style Start Program (however arising, including negligence).
Our liability and the liability of its subsidiaries, affiliates, officers, directors, agents, employees, representatives, and service providers, to you for damages for any and all causes whatsoever, and your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, will be limited to the fees paid under the Start Plan in the preceding six months or the last balance held on your Start Card.
9. Dispute Resolution
The Parties will attempt to resolve any dispute out of or relating to the Start Terms through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
9.1 Arbitration
The Start Terms will be governed and construed in accordance with the laws of New Hampshire without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Stype Start Program, the Start Terms, or the breach thereof will be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of any such arbitration will be in Hillsborough County, New Hampshire. The Parties also agree that the AAA Optional Rules for Emergency Measures of Protection will apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Style Start Program or the Start Terms. Notwithstanding the foregoing, any action seeking injunctive relief will be submitted to the courts and will not be subject to this provision.
No arbitration relating to the Start Terms will include any additional person not a party to the Start Terms except by written consent of you, us, and the additional persons in question.
In no event will any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitation.
If the disputed amount is less than the jurisdictional limit for small claims, such a court will be used in place of arbitration.
Should there be any legal action between the Parties or arising out of the Start Terms, the prevailing party will be paid reasonable legal fees agreed upon through arbitration.
Any claim not subject to arbitration will be governed by the laws of the State of New Hampshire, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Hillsborough County, New Hampshire. You consent to personal jurisdiction in the state and federal courts located therein and hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens.
10. Miscellaneous
10.1 No Waiver
Any failure of either party to enforce any provision of the Start Terms, or any right or remedy provided for therein, will not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.
10.2 Severability
If any provision of the Start Terms is or becomes illegal, unenforceable, or invalid, such provision will be enforced to the maximum extent permitted and the remainder of the Start Terms will remain in full force and effect without being impaired or invalidated in any way.
10.3 Survivability
Any rights or obligations contained herein that by their nature should survive termination of the Start Terms will survive, including, but not limited to representations, warranties, indemnity obligations, limitations of liability, and dispute resolution clauses.
10.4 Jointly Drafted
Each party has participated in negotiating and drafting the Start Terms, such that if any ambiguity or question of intent or interpretation arises, the Start Terms will be construed as if the Parties had drafted it jointly, as opposed to being construed against a party by reason of the rule of construction that a document is to be strictly construed against the party on whose behalf of the document was prepared.
11. How to Contact Us
All notices or communications will be by email or in writing. Email is permissible but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
Vostra Moda, LLC.
159 Main Street
STE 100
Nashua, NH 03060
Email: hellobri [at] vostramoda.com
Contact form: Send a message
Office Hours
Monday – Friday: 9:00 am – 4:00 pm ET
Saturday – Sunday: Closed
12. Terms Changes
We reserve the right to modify the Start Terms at any time, without notice, and for any reason. It is your responsibility to check the Start Terms periodically for changes.
Your use of the Style Start Program following any such modification constitutes your acceptance and agreement to the Start Terms as modified.
Changelog
- November 8, 2022
- Initial release
13. Exhibit A
You request we provide the Style Start Program as set forth on the program page of…
- Start Card Program: http://vostramoda.com/start-card/ (“program page”), and/or
- Start Plan Program: http://vostramoda.com/start-plan/ (“program page”).
We reserve the right to change, modify, discontinue or cancel the Style Start Program and program page at any time, without notice, and for any reason. It is your responsibility to check the program page periodically for changes.