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Hotel Management Software

Terms and conditions – service contract

Updated 1.11.2022


1. CONTRACTING PARTIES

S.C. AMHOTECH SOFTWARE S.R.L., with registered office in (locality) Bucharest, str. Șos. Chitilei, nr. 37, judet/sector 1, registered at the Bucharest Trade Register Office, under nr. J40/21395/2022, fiscal code nr. 47079907, with account nr. RO, opened at Raiffeisen Bank – Suc. Chitilei, represented by Adnana Isabelle Matei, acting as Administrator, owner of the Amhotech – HotelAdmin platform, as PROVIDER (Information Society Service Provider)

and

The Client – Recipient of Information Society Services, the user of the HotelAdmin – Amhotech platform and all services offered through it, have agreed as follows:

This document represents the contract proposed by the Provider and must be accepted prior to the use of any service offered by the Provider. Any order confirmed by the Client, by ticking the box “I agree to the terms and conditions” represents an acceptance by the Client of the Provider’s offer, under the conditions stipulated by art. 9 of the Electronic Commerce Act 365/2002. The ticking of the box represents an electronic signature within the meaning of Article 4, paragraph 3 of the Electronic Signature Act no. 455/2001, having the same value as a handwritten signature.

2.DEFINITIONS AND TERMS

2.1. Amhotech – HotelAdmin – is the trade name of S.C. AMHOTECH SOFTWARE S.R.L., a legal entity of Romanian nationality, with registered office in (locality) Bucharest, str. Șos. Chitilei, nr. 37, Sector 1, registered at the Prahova Trade Register Office, under nr. J40/21395/2022, fiscal code nr. 47079907.

2.2. Accommodation unit – The client, the user of the Amhotech – HotelAdmin platform, classified as a tourist accommodation structure, according to the legal provisions in force.

2.3. Amhotech – HotelAdmin platform – hoteladmin.ro – the Internet website, as well as all the services accessible on this website or its subdomains.

3. SUBJECT MATTER OF THE CONTRACT

3.1. This Service Agreement is applicable to all orders or accounts placed through amhotech.com / hoteladmin.ro. The Customer undertakes to take note of these conditions before placing an order or opening an account. All orders and account opening imply the Customer’s acceptance of all these terms of service. Acceptance of this contract by the Customer is made by ticking the box “I agree to the terms and conditions”.

3.1.1. What is the HotelAdmin Platform?

The HotelAdmin Platform is a software-as-a-service software program dedicated to legal entities in various industries such as HoReCa (hotels, restaurants and cafés), retail and services, or doing business in other industries related or not to these industries (for each such business, the person concerned will be referred to as “Customer”), whereby the latter can manage various aspects of their business, such as:

● the products and stocks relating to each product and/or service marketed;

● the activity related to each working point and/or place from which the Client or the natural or legal persons with relevant access rights granted by the Client (“Designated Persons”) carry out their activity; for the avoidance of doubt, each working point and/or place entered in the HotelAdmin Platform may be operated by the Client and/or by a Designated Person granted by the Client, based on the contractual relationship between the two;

● employees and/or collaborators of the Client and/or Designated Persons who are in charge of various operational aspects of the Client’s business;

● automation of certain processes related to the Customer’s business, based on embedded software.

3.2. Amhotech – HotelAdmin provides access to user accounts, and persons who are granted access to these accounts must adhere to the Terms and Conditions herein. By using the Amhotech – HotelAdmin Platform, the Customer fully agrees to these Terms and Conditions without any further restrictions. If the Customer does not agree to any of the points described, the Customer may not use this Amhotech – HotelAdmin Platform in any way.

3.3. The performance by the Client of any actions via the Amhotech – HotelAdmin platform is equivalent to the express and unequivocal acceptance and assumption of the conditions and obligations set forth herein.

3.4. The services made available by the Provider through the Amhotech.com – HotelAdmin.ro website are available to accommodation establishments that have registered on the website and are entities with full legal capacity.

3.5. As the owner of the amhotech.com / hoteladmin.ro website, the Provider provides the Client with online application access services divided as follows:

3.5.1. Accommodation unit – the possibility to list and manage accommodation facilities, by adding offers, packages or promotions, framed in rate plans. Changes can be made to content (images, text), room (type, composition), services (type of meal, facilities included), period (season, off-season, minimum stay, holidays) or availability, management of tourist database, synchronisation of customer account data and support for these services. 

3.6. Services can be accessed online via web browser on Windows, Mac and Linux, iOS and Android operating systems. The Provider recommends using the following web browsers: Google Chrome.

3.7. The Provider is not responsible for the Customer’s ability to access or use the Service, nor for failures caused by their low level.

4. DURATION OF THE CONTRACT

4.1. This contract is concluded for an indefinite period; it starts from the date of placing the order or from the date of creating the account.

4.2. In order to access the HotelAdmin Platform, the Customer must complete the steps described below:

4.2.1. The Customer shall fill in the data requested in the registration form displayed when accessing the Try Free button on the main page of the www.amotech.com Website. By completing the registration form, the User creating the Customer’s account guarantees that he/she has the necessary authorisation and/or approvals from the Customer to create this account.

4.2.2. In completing the registration form, the Customer must provide true information. The Company shall not be liable for any effect, including on the experience of using the Platform, on the Client and/or the Client’s employees, collaborators or clients, to the extent that the information provided by the Client is not true.

4.2.3. The Customer shall choose both a username and password and a unique Customer identifier. The unique identifier is not allowed to contain spaces and will generate a unique link for the Customer. The unique identifier shall be different from the name of the legal entity under which the Customer operates and may be any grouping of characters.

4.2.4. If the Provider discovers that the information filled in by the Customer in relation to its business, a place of business or a place from which it operates directly or through a Designated Person and/or concerning one or more Users is not true, the Provider reserves the right to limit the Customer’s access to its account or even to delete the account, at its discretion, without any prior notice and without the Customer’s possibility to claim compensation.

4.2.5. In the event that the Service Provider is found to have erroneously restricted access to/deactivated the Customer’s account in accordance with clause 4.2.4 above, the Service Provider shall proceed to lift the restriction on access/reactivation of the Customer’s account, based on information and/or documents submitted by the Customer attesting to the Customer’s legitimate request to have his account reactivated. The reactivation of the account does not incur any additional costs for the Customer, apart from the costs of use of the Platform already existing at the time the account was deactivated, related to the current tariff cycle, which will continue to apply.

4.2.6 To the extent that, within 5 (five) calendar days of the Provider limiting access/deactivating the Customer’s account, the Customer in question does not contact the Provider to request the lifting of the access limitation/reactivation of his account, the Company shall delete the Customer’s account. 

4.2.7. When clicking the Try Free button, the Customer will be presented with these Terms and Conditions, the content and effect of which he/she must confirm that he/she understands. For the avoidance of doubt, these Terms and Conditions apply to the use of the Platform as a whole, not just to the account creation operation.

4.2.8. Depending on the Client’s choice, the Client will have access to an account with certain features which will be active for the duration of the paid period.

5. PRICES. METHOD OF PAYMENT

5.1. The Provider will apply a monthly fee to the subscription chosen and confirmed by the Customer – Accommodation Unit.

5.2. The fees charged by the Provider for the use of the Service are:

5.2.1 Monthly fee for using the hoteladmin.ro application according to the selected subscription.

5.2.2. Fee for extra space in case of exceeding the space allocated by subscription. 

5.2.3. Any negotiations on the basis of the fees charged may take place by electronic correspondence, without the need for additional documents.

5.3. Payment for services will be made monthly, according to the subscription. Payment shall be made by the CLIENT to the PROVIDER in LEI, on the basis of the invoice sent by the CLIENT by payment order / bank transfer or online via Stripe, within 5 days from the date of issue of the invoice or online via Stripe. Payments may be recurring payments if opted for. The data entered by the Client is not recorded on any equipment or within the HotelAdmin Platform, but is transmitted directly to the server of the accredited payment processor with which HOTELADMIN collaborates, in accordance with the Personal Data Processing Policy; the End Client guarantees that the bank card used for payment within the HotelAdmin Platform belongs to him or, in any case, that he holds the right to use it on behalf of the bank card holder;

5.4. Failure to pay for the Services shall automatically result in suspension of access to the HotelAdmin Platform.

5.5. After the trial period of the HotelAdmin platform, the fee for the services shall not be refunded. If the tariff cycle for a subscription purchased by the Client has not been completed, the Client may continue to use the HotelAdmin Platform until the end of the current billing cycle, and at the end of the paid period, the account is automatically suspended. 

5.6. Payment for the Services, made by the Client, constitutes acceptance of the Services and agreement to the price offered by the Provider.

5.7. All costs related to payments charged by the Client’s bank shall be borne by the Client. All costs relating to payments charged by the Provider’s bank shall be borne by the Provider.

6. THE PROVIDER’S RIGHTS AND OBLIGATIONS

6.1. The Provider shall ensure that the Client – Accommodation Unit is able to add and access information in real time.

6.2. The Provider shall provide support by email support@amhotech.com, Monday to Friday from 09:00 to 17:00 for problems related to the HotelAdmin Platform.

6.3. The Provider provides weekly back-up.

6.4. The Provider does not exercise any control over the Client’s data and documents. 

6.5. The Provider grants a non-exclusive right of use for the duration of the contract for the use of the HotelAdmin Platform and may change the design or content of the HotelAdmin Platform without prior notice.

6.6. The Provider has the right to collect anonymous data on the use of its services and to make them public in aggregate. 

6.7. The Provider shall have the right to suspend the Client’s access to the HotelAdmin platform if the Client does not comply with its payment obligations for the services used in accordance with Article 5 of this Agreement.

6.8. The Provider reserves the right to add or remove functionalities or features, and to suspend or stop a Service altogether. If the Provider discontinues a Service, where reasonably practicable, the Provider will give notice and provide an opportunity to withdraw information from that Service.

6.9. The Service Provider is responsible for the proper functioning of the Service, except for situations that are not within its control and cannot be managed by it.

6.10. The Provider is not liable for any direct or indirect losses resulting from the provisions of these Terms and Conditions, the misuse of the Service or the products/services booked through the HotelAdmin Platform.

6.11. The Client acknowledges and accepts that the Provider acts only as a relay of the service of providing the storage servers, which belong to an independent Partner specialized in providing hosting, so the Provider cannot be held responsible for their security and downtime.

7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

7.1. The Customer agrees to comply with the following obligations including, without limitation: 

7.1.1. to be at least 18 years of age, not to make false statements and not to conceal his/her identity.

7.1.2. to comply with their financial obligations for actions taken on their behalf or in their name. 

7.1.3. not give third parties access to use the system. 

7.1.4. not disclose, share or resell any system or login information.

7.1.5. not alter, copy, transmit, distribute, display, or reproduce the content of the Site.

7.1.6. not send unsolicited commercial emails.

7.1.7. not upload viruses, malware or other code that could compromise the information and functionality of the HotelAdmin platform.

7.1.8. not to modify, destroy or overload the system. 

7.1.9. not to copy or use trademarks present on the HotelAdmin platform without prior consent.

7.1.10. not to use the HotelAdmin platform for speculative or fraudulent purposes. 

7.1.11. not to transmit political, pornographic, racist or other material which is contrary to the law.

7.2. Any loss or misuse of authentication data made available to the Client must be reported immediately to the Provider.

7.3. The Applications may be accessed by any natural or legal person who uses them for the purposes of their commercial activity as a user (“Designated Persons”); it remains strictly the responsibility of the Client to ensure the use and security of the data by the users designated by the Client. 

7.4. The Client may use the Platform only if it accepts these Terms and Conditions in advance.

Conditions. For the avoidance of doubt, by accessing or using the Platform HotelAdmin, for the avoidance of doubt, any reference in these Terms and Conditions to the Client, and any obligation established for the Client, shall also be incumbent on any User created by the Client and vice versa. In these Terms and Conditions, the notion of “User” refers to the natural or legal person who collaborates with or is employed by the Client or a Person Designated by the Client and over whom one of them exercises authority with regard to access to the HotelAdmin Platform.

7.5. If the Service Provider considers that the HotelAdmin Platform is accessed and used in an other than that for which it was intended, or that its use causes or may cause direct or indirect damage either to the Service Provider or to the HotelAdmin Platform, the Service Provider reserves the right, at its sole discretion, without further explanation and/or prior notice, to limit/restrict/suspend/interrupt/terminate (as the case may be) the Client’s right of access to the HotelAdmin Platform or to impose on the Client certain conditions of access/use (or limitations thereof, as the case may be), which limitations may also affect the Designated Persons. In this respect, the Client is solely responsible for communicating the occurrence of such limitations to the Designated Persons and for bearing the consequences of such limitations.

7.6. The Client shall not be entitled to copy/modify/distribute/sell or rent any part of the HotelAdmin Platform, the services and/or the software programs included therein and shall not be entitled to rebuild or attempt to extract the source code of the said software program, unless the Client has prior, express and written permission from the Company. This obligation shall also apply in relation to data belonging to other Customers existing in the latter’s account, and if the Customer comes into possession of such data, the Customer shall not be entitled to copy/modify/distribute/sell/resell or rent any part of such data, unless the Customer has the express written permission of the Customer who owns such data.

7.7. The Client shall not be entitled to transfer in any way (neither by merger) and to any natural or legal person (neither third party nor group) any right conferred to that Client on the HotelAdmin Platform. Any acquiring entity of a Client will have to create a new account on the HotelAdmin Platform.

8. WARRANTIES

8.1. The HotelAdmin Platform offered by Amhotech and the hosted services shall comply with the Provider’s obligations.

8.2. The HotelAdmin Platform shall be free of viruses, worms, trojans, spyware, ransomware adware, and other malicious software. 

8.3. The HotelAdmin Platform shall include security features that reflect industry best practice requirements.

8.4. Customer agrees that Provider cannot guarantee that the HotelAdmin Platform will always be entirely free of defects, errors and bugs; and subject to the other provisions of this Agreement, Provider makes no warranty or representation that the HotelAdmin Platform will be entirely free of defects, errors and bugs.

8.5. The parties agree that the Provider shall not be liable for damages caused to the Client by such defects, viruses, errors, bugs or other malicious software to the extent that the HotelAdmin Platform includes security features that reflect industry best practice requirements.

8.6 The Customer accepts that the HotelAdmin Platform is not entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Provider makes no warranty or representation that the HotelAdmin Platform will be entirely secure.

8.7 The Provider shall endeavour to correct documented and reproducible defects in the Platform. Defects shall be described and documented by the Client and sent to the Provider for correction.

8.8. The HotelAdmin Platform acts as a host for content added by Customers – Accommodation Units.

8.9. Amhotech, through the HotelAdmin platform, assumes no responsibility for the information provided by the Clients – Accommodation Units and in no way, explicitly or implicitly, guarantees the accuracy or quality of the information.

8.10. Among the conditions for the HotelAdmin Platform to function at its best are:

8.10.1. The internet connection accessible from the Client’s equipment must have a minimum speed of 10Mb/s for fixed or wi-fi internet connections and 256Kb for mobile internet connections.

8.10.2. The HotelAdmin Platform can be accessed by Clients who have an account created on it, provided that they own certain models of operating devices such as smartphones, tablets and PCs, compatible with the HotelAdmin Platform, as detailed in the article below.

8.10.3. To use the HotelAdmin Platform, one of the following internet browsers is required: Internet Explorer, Google Chrome, Mozilla Firefox or Safari, desktop or mobile version. Due to differences in the implementation of each browser, it is possible that differences may occur in the way content is viewed from one browser to another.

8.10.4. The content of the HotelAdmin Platform may be accessed from a maximum number of devices equal to the maximum number of Users created by the Client. The same content may not be viewed/used simultaneously by using more than one device by accessing the account belonging to the same User. The End Client assumes full responsibility for any access to a User account associated with his/her account on the HotelAdmin Platform from multiple devices/terminals.

8.11. The Provider is not responsible for and does not guarantee the continuous operation of the HotelAdmin Platform for the Client. The Provider reserves the right to modify or temporarily interrupt access to the HotelAdmin Platform without prior notice at any time. The Provider shall not be liable to the Client, the Client’s Appointees or any other institution or third party for any interruption or suspension of the HotelAdmin Platform or for any direct or indirect loss of business opportunities or benefits not realised by the Client, the Client’s Appointees or third parties with whom the Client is in contact as a result of the failure or malfunction of the HotelAdmin Platform.

8.12. Emergency Maintenance and Planned Maintenance – Planned Maintenance may be performed on a regular basis. In the event that such operations may affect the availability of the HotelAdmin Platform, the Company shall inform the Customers at least 5 (five) calendar days in advance. Other planned or unplanned downtimes of the HotelAdmin Platform may occur. The HotelAdmin Platform will be unavailable during these periods. 

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Nothing in this Agreement shall operate to assign or transfer intellectual property rights from the Provider to the Client. The Client acknowledges and agrees that all intellectual property rights in the HotelAdmin Platform and all applications related thereto belong and shall continue to belong to the Provider. 

9.2. The Client represents and warrants to the Service Provider that all information submitted to the Service Provider for inclusion in the HotelAdmin platform is legally owned and does not infringe any law, any intellectual or industrial property right belonging to any third party or any other contractual restriction applicable to it.

9.3. Amhotech – HotelAdmin offers, through the platform, access to information of a general nature, for advisory purposes, noting that the information published may be modified at any time. 

9.4. The Provider does not guarantee that the information on the HotelAdmin platform will be free of errors or omissions, but will make every effort to correct them in a timely manner.

10. EXTERNAL LINKS

10.1. The HotelAdmin Platform may contain links to other websites, external and operated by other parties.

10.2. The Provider has no control over or association with these websites and assumes no responsibility for the accuracy, integrity or quality of these third party websites.

10.3. Any opinions regarding the content of these websites should be directed to the administrators of the websites in question.

11. CONTRACTUAL LIABILITY, FORCE MAJEURE

11.1. For non-performance in whole or in part, improper performance or delay of contractual obligations, the Injured Party shall be entitled to claim penalties from the Party at fault. In case of exceeding the time limit for performance of contractual obligations by either Party by more than 10 working days, the Injured Party shall be entitled to claim from the Party at fault penalties of 1% for each day of delay, starting from the 11th day, calculated on the amount of the unpaid invoices, but not more than 50% of the amount of the unpaid invoices.

11.2. Neither contracting party shall be liable for failure to perform on time or/and improper performance, in whole or in part, of any of its obligations under this contract if the failure to perform or improper performance of such obligation was caused by force majeure as defined by law. 

11.3. The party invoking Force Majeure is obliged to notify the other party within 10 days of the occurrence of the event and to take all possible measures to limit its consequences.

11.4. The occurrence of the Force Majeure event shall be confirmed by the competent Chamber of Commerce and Industry, proof of which shall be communicated to the other Party within 15 (fifteen) days of the occurrence of the said event.

11.5. If the Force Majeure Event does not cease within 30 days of its occurrence, the Parties shall have the right to give notice of termination of this Agreement without any claim for damages.

12. CONFIDENTIALITY

12.1. The parties shall keep confidential all documents relating to the performance of the Contract, of whatever nature and on whatever medium they are held, as well as the database of customers, orders and content uploaded to the HotelAdmin platform. The party providing the confidential information is and remains the owner of that confidential information. Any external disclosure of information will only occur with the prior written consent of the party providing the confidential information.

12.2. The foregoing restriction shall not apply if:

– The information was known to the Contracting Party before it was received in the performance of this contract;

– The information was publicly available;

– The party concerned was obliged under the legal provisions to disclose the information in question.

13. NEWSLETTER

13.1. By subscribing to the Provider’s newsletter, the Client agrees to receive news, information and special offers at the email address provided.

13.2. The Client who has subscribed to newsletters sent by the Provider may unsubscribe by clicking on the unsubscribe link sent with the email message.

14. TERMINATION OF THE CONTRACT

14.1. Either Party may declare this Contract terminated by giving notice to the other Party, without the intervention of any court, if the other Party fails to perform its obligations within 30 days of receipt of the email notice informing it that it has failed to perform or is failing to perform properly any of its obligations and fails to take action in consequence or if either Party:

– is declared to be in default of payment or has been the subject of liquidation or insolvency proceedings before;

– is in breach of any of its obligations after having been given notice by email by the other party that further breach will result in termination of this contract.

14.2 Termination shall not relieve the Parties of their respective responsibilities/liabilities which they have in relation to the obligations up to the time of termination.

14.3. Following termination, the Provider may immediately suspend/terminate the Client’s right of access to the Client’s account created on the HotelAdmin platform, and may delete all relevant information existing at that time on the HotelAdmin platform which is the subject of this Agreement.

14.4. The parties hereby agree that the information related to ownership and confidentiality shall survive the termination of the Contract and shall remain fully applicable without contravening the said termination.

14.5. In the event of termination of the Contract the Client may recover, on the basis of a request sent no later than 15 days from the date of termination, the client database added to the HotelAdmin platform, provided that all payments are up to date.

15. CHANGES to the Terms and Conditions of the Service Agreement

The Provider reserves the right to modify or update at any time the Terms and Conditions – service provision contract relating to the use of the HotelAdmin Platform, without prior notice to the Client. The updated version of the Terms and Conditions of the Service Agreement will be posted on the Site from the date on which the changes come into force. Continued use of the HotelAdmin Platform after publication of these changes shall constitute the Client’s acceptance of these changes.

16. GOVERNING LAW

16.1. This document represents the agreement of the parties and is governed by the laws of Romania.

16.2. The rights and obligations of the parties hereunder and all legal effects hereunder shall be interpreted and governed by applicable law.

16.3. Any dispute arising under this Agreement shall be settled amicably and, if amicable settlement is not possible, shall be brought before a mediator. In the event that the parties do not agree, the Romanian courts of the Provider’s headquarters shall have jurisdiction.