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FRONTDESK MASTER PROVIDED BY HOSTELSYSTEM LTD TERMS OF SERVICE
HostelSystem Ltd, here referred to as HostelSystem, is an IT enabled company providing services and solutions for the Hospitality & Travel Industry. “HostelSystem” and “FrontDesk Master” provided by HostelSystem Ltd are the names of two software owned by HostelSystem.
These license terms are an agreement between HostelSystem and User. Please read them. They apply to any software and its version, updates, supplements, Internet-based services, Offline components, and support services (if any) provided by HostelSystem unless other terms accompany those items. If so, those terms apply. By subscribing and/or using the service, User accepts these terms. If User does not accept them, shall not use the service. If User is entering into this agreement on behalf of a company, then User represents that she/he has the authority to make purchase decisions for the company and all references to you shall refer to your company. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
FrontDesk Master provided by HostelSystem Ltd is a Web based Property Management System designed especially for hostels, apartments, small to mid size hotels, motels and other properties of this kind.
HostelSystem reserves the right to change these terms at any time, effective upon the posting of modified terms, and HostelSystem will make every effort to communicate these changes to you via email or notification via the Website. It is likely that Terms of Service will change over time. It is user’s obligation to ensure that one has read, understood and agree to the most recent terms available on the Website.
“Channels” means any external source, such as, booking portal integrated with HostelSystem;
“Confidential Information” encompasses all information of legal, commercial, technical, administrative and other nature, pertaining to the HostelSystem, its shareholders and their subsidiaries and affiliates, obtained in a written, oral or electronic form, disclosed to the User in connection with entering into and performing the Services, irrespective of whether it was made available to the User by the HostelSystem or obtained by the User in a different manner. Confidential Information shall be in particular information about entering into the Terms of Service, its content, object and scope, as well as information about performing the Terms of Service;
“Data” means any data inputted by User into the Software;
“Intellectual Property Right” means any industrial or intellectual property rights, including without limitation:
patents, registered trade marks, registered utility models, registered utility designs, registered designations of origin, registered microchip layouts, applications for any of those rights, trade and business names, invention, unregistered trademarks, unregistered utility models and utility designs, copyrights, neighbouring rights, whether registered or unregistered;
rights to use the rights mentioned in paragraph (a) under licences, consents, judgements or otherwise;
“License fee” means the monthly fee (excluding taxes and duties) payable by User in accordance with the license fee schedule se on the Website (which HostelSystem may change from time to time on notice to you);
“Property” means any hostels, apartments, small to mid size hotels, motels and other properties of this kind;
“User” means the entity which formally runs the Property for which the Service is going to be used;
”Confidential Information” includes all the information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party;
„Billing Contact“ means contact details as inserted by the User while subscribing to the Service which include the name of the User, registered office and tax identification;
„License“ the rights to use the Services under conditions described in point 6 hereinafter;
„Service“ means FrontDesk Master provided by HostelSystem Ltd, a Web based Property Management System designed especially for hostels, apartments, small to mid size hotels, motels and other properties of this kind which includes any software and its version, updates, supplements, Internet-based services, offline components, and support services (if any);
„Terms of Service“ means this general terms and conditions governing the conditions under which the Service can be used be the User;
„Website“ means www.hostelsystem.com or www.frontdeskmaster.com.
2. USE RIGHTS.
If you comply with this agreement, you have the right to use the Service. You must only use the Service for your own lawful business purposes, in accordance with the Terms and any notice sent by HostelSystem or condition posted on the HostelSystem website.
2. TIME-SENSITIVE SOFTWARE.
The service will stop running, if a license is not purchased. Once Service is stopped User will not have the access to any data, nor functionality, and HostelSystem does not have the obligation to protect or maintain User’s Data. HostelSystem reserves the right to remove all User’s Data and details from its server in case of lack of the valid license.
3. PAYMENT OBLIGATIONS.
HostelSystem comes with a free 7 – 30-day trial license that gets activated the first time you start it or subscribe to it. If you wish to continue using Service after the trial period is over, you must purchase a license.
An invoice for the License Fee will be issued to the Billing Contact minimum every 3 months. HostelSystem will continue invoicing you until this Agreement is terminated. All HostelSystem invoices will be generated electronically and reach by email, payable within 7 days of the invoice date to which you agree, upon acceptance of this Terms of Service. It is your obligation to pay the license within the due date. In case of the payment by bank transfer/wire, the license is paid once the License Fee is registered on HostelSystem bank account. HostelSystem is not obligated to provide you with any other notice. In case of late payment, HostelSystem maintains 24 business hours to provide User the access to enabled Service.
4. ACCESS CONDITIONS.
The Service is available for the number of Properties defined by the user in the subscription while entering into this Terms of Service.
User decides who can access User’s Service, as well as, User’s Data. Therefore, User ensures that the access to the Service is provided only to select authorized persons, involved in User’s organization. By accepting these Terms of Service User certifies that he/she understand that User takes responsibility for the actions of people (in scope of Service usage), who were authorized to access the Service. User certifies that he/she understands that people accessing User’s Service receive the access to User’s sensitive data, which is in User’s possession, and which protecting is User’s responsibility.
If User gives feedback about the software to HostelSystem, User gives to HostelSystem, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. User also gives to third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts of a HostelSystem software and service that includes the feedback. User will not give feedback that is subject to a license that requires HostelSystem to license its software or documentation to third parties because we include his/her feedback in them. These rights survive this agreement.
6. SCOPE OF LICENSE.
The Service is licensed, not sold. The Service is protected by copyright and other intellectual property laws and treaties. This agreement only gives User some rights to use the Service. HostelSystem reserves all other rights. Unless applicable law gives User more rights despite this limitation, User may use the software only as expressly permitted in this agreement in specific User may view and browse the Service, enter and store Service’s data in User’s computer RAM memory and use the software solely for the purpose of running User’s entity. In doing so, User must comply with technical limitations in the software that only allow User to use it in certain ways. User may not:
• work around the technical limitations in the software;
• reverse engineer, decompile or disassemble the software or the potentially unwanted software definitions that work with the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• use the potentially unwanted software definitions separately from the software;
• use the copy of the software for more Properties than specified in the license;
• publish the software for others to copy;
• distribute the software to any third party;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software to provide commercial software hosting services.
7. SUPPORT SERVICES.
HostelSystem provides the support during week days from approx.. 7 am to 11pm GMT time. In the case of technical problems User may check the support solutions provided online by HostelSystem or contact HostelSystem Team at firstname.lastname@example.org or email@example.com.
During weekends HostelSystem monitors the urgent cases, namely, loss of access to the application at firstname.lastname@example.org or email@example.com.
While HostelSystem intends to provide uninterrupted support it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
If for any reason HostelSystem has to interrupt the Service for longer periods than HostelSystem would normally expect, we will use reasonable methods to instantly publish in advance details of such activity on the Website.
User acknowledges that HostelSystem, acting as Channel manager, is an intermediary between User and Channels. Whilst HostelSystem intends to provide uninterrupted and bug free Service, HostelSystem cannot guarantee that bugs will never occur as reasonably this is not possible. Especially, it does not take responsibility for the problems related to Channels unresponsiveness, communication or data problems, as well as problems related to misconfiguration or misunderstanding on the system functionality.
9. DISCLAIMER OF WARRANTIES.
The Service is licensed “as-is”. You bear the risk of using it. HostelSystem gives no warranties, guarantees or conditions. Without limiting the foregoing, HostelSystem does not warrant that the Service will meet your requirements or that it will be suitable for User’s purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
10. LIMITATION ON AND EXCLUSION OF DAMAGES.
HostelSystem’s liability under this agreement is limited. You can recover from HostelSystem and its suppliers only direct damages up to 5GBP from the last invoice paid. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies especially to:
• anything related to the Service, software, services, content (including code) on third party Internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if HostelSystem knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
HostelSystem shall not be liable or responsible for the a) business decisions made on the basis of the information available or stored in the software, b) any damage or loss to your data protection and software which you use to access the software, c) damage or loss whatsoever suffered by you arising form or in any way connected with using or misuse of anti-virus tools d) entering into software untrue or false data or malfunction of the hardware, software or your Internet connection.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
• Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
• Each party’s obligations under this clause will survive termination of these Terms.
This does not apply to disclosure of Confidential Information in the following circumstances:
a) When the requirement to disclose arises from legal provisions, enforceable court judgement or a decision of another entitled authority. In such case, the User shall immediately notify the HostelSystem thereof in writing (before Confidential Information is disclosed);
b) In connection with a dispute, discrepancy or court proceedings between the Parties encompassing Confidential Information – with the understanding that the User shall take appropriate measures to restrict the scope of disclosure of Confidential Information to purposes of such proceedings;
c) Information, which has become public domain without the Contractor’s involvement.
User can terminate the Agreement any time by sending the statement to firstname.lastname@example.org or email@example.com. The termination is effective at the last day of the month when the termination was received by HostelSystem. There will be no refund for the remaining prepaid period of the month when the termination was announced. For the remaining prepaid period after the month when the termination was announced HostelSystem will refund the License Fee with the deduction of the money transfer fees.
HostelSystem may terminate the contract and suspend for any definite or indefinite period of time User’s Access to the Service, if User:
• breaches any of these Terms and does not remedy the breach within 7 days after receiving notice of the breach if the breach is capable of being remedied;
• breaches any of these Terms and the breach is not capable of being remedied; or
• the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,
• does not purchase the license within due date, ergo, User does not have a valid license.
14. LEGAL EFFECT.
This agreement describes certain legal rights. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
15. APPLICABLE LAW.
United Kingdom. British state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
16. ENTIRE AGREEMENT.
This agreement and any amendments to it, and the terms for supplements, updates, Internet-based services and support services are the entire agreement for the software and support services.
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