Daviana Card Payments

1. About these terms

These terms are between Evera Ltd (company number 09649356), 154 Arthur Road, London SW19 8AQ, trading as Daviana ("Daviana", "we", "us") and the business that runs the salon ("you"). They cover Daviana Card Payments: taking card payments through Daviana into a Stripe account that we set up for you.

They sit alongside your Daviana subscription terms. Where the two differ on card payments, these terms apply.

The person who accepts these terms confirms that they are authorised to bind the business.

2. Your Stripe account

Stripe Payments UK, Ltd. ("Stripe") provides the payment service. Your account is a Stripe Express account, opened in your business's name. When you set it up you also agree to the Stripe Connected Account Agreement (stripe.com/gb/connect-account/legal), which includes the Stripe Services Agreement.

You are the seller of your services and the merchant for every payment. Your clients pay you, not us.

Stripe checks the identity of your business and the people who own or run it. You must give Stripe accurate information and keep it up to date. Stripe may refuse, limit or close an account under its own terms.

We never hold your money. Card payments go into your Stripe account; Stripe deducts our fee from each payment and pays it to us.

3. Fees

Our fee for each card payment is: in person (card reader): 1.85% + 10p; online (booking deposits, payment links and other card-not-present payments): 1.95% + 20p. VAT is added at the standard rate.

This is a flat rate for every card type. It is not a pass-through of Stripe's own charges, and it already includes them: there is no separate Stripe processing fee to pay.

We do not take our fee on the tip part of a payment.

The fee is deducted automatically from each payment before it reaches your balance. You can see it against every payment in Daviana and in your Stripe dashboard, and we send you a monthly VAT invoice for the fees deducted.

If you refund a payment, the fee on the original payment is not returned.

If a client disputes a payment, Stripe charges a dispute fee. We pass that fee on to you at cost, and it is deducted from your balance.

We may change these fees by telling you at least 30 days in advance. You must accept the changed terms before your next payment after that date; until you do, card payments through Daviana are paused.

4. Payouts

Each payment is held for 7 days from the day it is taken before it becomes available. Stripe then pays your available balance into your bank account daily.

Only money that has settled into your Stripe balance is ever paid out. A payment that has not settled, or that has been refunded or reversed, is never paid out.

We may lengthen the hold, pause payouts or keep a reserve from your balance when: refunds or disputes are unusually high; we or Stripe suspect fraud or a breach of these terms or Stripe's terms; Stripe asks us to; your balance is negative; or your account is closing. We will tell you why, unless the law or Stripe prevents us.

5. Refunds, disputes and negative balances

You are responsible for every refund, dispute, chargeback, reversal and fine on your payments, and for the fees that come with them.

These amounts are taken from your Stripe balance. If your balance is not enough, they are taken from your future payments, and Stripe may debit the bank account you use for payouts.

Stripe may recover from us any amount your account cannot cover. You must repay us any such amount. We may deduct it from money due to you, or invoice you, and you must pay that invoice within 14 days.

You must respond to disputes promptly and give us or Stripe the evidence we ask for, such as booking records and signed consultation forms.

6. Your responsibilities

Use Daviana Card Payments only for the lawful services and products your salon sells, and not for any business Stripe prohibits.

Give your clients a clear refund and cancellation policy, and take deposits only as that policy describes.

Never write down or keep a client's full card number. Take card details only through Daviana or the card reader.

Where tips are paid by card, you are responsible for allocating them to your workers as the Employment (Allocation of Tips) Act 2023 requires.

Keep your Daviana and Stripe logins secure, and tell us at once if you think someone has used them without permission.

7. Suspending and ending

You can stop using Daviana Card Payments at any time by telling us. We may suspend or end it if you break these terms or Stripe's terms, if we or Stripe suspect fraud, or if Stripe requires it.

When it ends, your remaining balance is still paid out under section 4, less any amounts owed under section 5. We may keep a reserve for up to 120 days after the end, because clients can dispute payments for that long.

Sections 3, 5 and 8 continue to apply after it ends for anything that happened before.

8. Liability

We are not responsible for losses caused by Stripe, card networks, banks or your internet connection, or for loss of profit, business or goodwill.

Our total liability to you under these terms in any 12 months is limited to the fees you paid us under them in that period.

Nothing in these terms limits liability that cannot be limited by law, including for fraud.

9. Your information

We share with Stripe the information about your business, its owners and its payments that Stripe needs to provide the service and to meet its legal duties. Our privacy notice explains how we use personal information.

10. General

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If any part of these terms is found unenforceable, the rest still applies.