Terms of use
Effective April 15 2023
Services and Scope
The Provider agrees to provide the Client with the following software services (hereafter referred to as "Services"):
Access to and use of the online booking platform within the terms and conditions set forth on the platform.
Provision of User Accounts: The Provider will provide the Client with a certain number of user accounts to access and use the online booking platform. These accounts will be assigned to users authorized by the Client, who may access the platform's functionalities and features according to their assigned roles and permissions.
The Provider will allow the Client a margin of up to an additional 20% in the number of user accounts monthly at no additional charge. This additional margin provides flexibility for the Client to accommodate variations in user demand during the monthly billing period. If the number of user accounts exceeds the allowed additional 20%, the Client must notify the Provider and agree on the corresponding additional terms and fees.
The Provider will allow the Client a margin of up to an additional 20% of bookings over the total contracted bookings monthly at no additional charge. If the additional booking margin of 20% is exceeded in any month, the Provider will notify the Client to discuss the necessary measures and adjust the terms of the contract, if necessary. If the Client exceeds the additional booking margin of 20% on two or more occasions, the Provider has the right to terminate the current contract, notifying the Client at least 15 days in advance.
Technical Support
The Provider commits to offering technical support to the Client regarding incidents and operational errors of the online booking platform. Technical support will be available to the Client through designated communication channels, such as email or ticket system, during the business hours established by the Provider.
Technical support provided by the Provider will be limited to resolving incidents and operational errors on the online booking platform. The Client acknowledges and agrees that it is responsible for providing direct support to its own users including any inquiries or assistance related to the use of the platform.
The Provider will not be responsible for providing technical support for issues or requests that are not related to the operation of the online booking platform, such as internet connectivity problems, hardware or software not provided by the Provider, or other circumstances beyond their control.
Pricing and Payments
The Client will pay the Provider an agreed fee for the Services provided. The total amount and payment terms will be specified in the attached Annex. All payments must be made in the currency specified in the Annex and free from any deductions or withholdings.
Intellectual Property
The Provider will retain all intellectual property rights related to the software developed, including but not limited to copyrights, patents, and trademarks. The Client does not acquire any intellectual property rights over the software.
Confidentiality
Both parties agree to keep in strict confidence any confidential information disclosed during the term of this Agreement. Confidential information includes, but is not limited to, technical, commercial, or financial information.
Limitation of Liability
The Provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of the Services provided under this Agreement. The total liability of the Provider, whether in contract, tort, or any other legal theory, shall be limited to the total amount paid by the Client for the Services during the previous six months period.