It is in our DNA to be a customer centered companion to our partners. We believe in our product & services and therefore we kept terms of service in an easy and straightforward format.
There is two parts to form the cooperation between Hotelchamp B.V. (hereinafter “Hotelchamp”, “We”) and our partners (hereinafter “Partner”, “You”).
The Subscription Form: You sign a written Subscription Form which includes all your company information as well as individual agreements
The Terms of Service: By signing the Subscription Form You confirm that You have read, understood and agreed to be bound by the following Terms of Service.
Hotelchamp provides software services in order to increase direct website bookings, enhance customer journey and personalize Your guest interaction (“Purpose”). Hotelchamp realizes this purpose by a SaaS softeware solution and consulting services (together “Services”). Our Services may include and/or are based on data input from You, including hotel prices, room availability and third party trade names or third party trademarks.
Hotelchamp exclusively owns and or is the authorized licencee to all (intellectual property) rights, including but not limited to copyrights, in and to the software and design of its Services and its website hotelchamp.staging.jvdmedia.nl and You acknowledge hereby such ownership. Hotelchamp warrants that the software and design of the Services, (including all associated intellectual property rights) does not infringe the (intellectual property) rights of any third party or otherwise is unlawful towards a third party.
Unless agreed otherwise in writing, upon receipt of Your signed Subscription Form and subject to these Terms of Service, we grant You a limited, non-exclusive, royalty-free, worldwide, non-transferable, right and license, without the right to grant sublicenses, to access, use, execute and deploy our Service solely for the purpose and only for the duration of Your Subscription. The Service operated by Hotelchamp and provided to You is on a subscription basis. Except as otherwise provided for herein, the license granted hereunder may not be transferred by You to any third party.
You must not remove any notices or labels nor alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the form of all provided Service and software.
As a SaaS product our software is being updated on a regular basis.
Subscription is automatically renewed each full subscription period unless You provide us with a written notice of non-renewal during the prior subscription period or cancel Your subscription online. The subscription will end with the 1st day of the next subscription period after your written notice. Your account will automatically be charged the applicable subscription fee for each period that your subscription is in effect. We accept payments made by Credit Card, Wire Transfer, Direct Debit or other online payment services (such as PayPal).
In case your payment fails or your payment is late, we will be in contact with You to clarify any occurring issues. Please be aware that we are relying on your support to address certain issues. If clarification fails, we have the right to pause your subscription. This will not happen without prior notice.
It is in your responsibility to pay any VAT or other applicable taxes that may be imposed, based on the subscription of our services and software. This does not concern any taxes based on net income payable by us.
You hereby grant Hotelchamp a non-exclusive, royalty free, worldwide, non-transferable, non-sub licensable, revocable license to use the trademarks, copyright, business and domain names and any other intellectual property (rights) provided by You to Hotelchamp (“Intellectual Property”) for the sole purpose of enabling HotelChamp of providing its Service to You. The license granted by You does not include the right to use the Intellectual Property other than as specifically authorized by this Agreement]
Our mutual cooperation is built on trust and honesty. No information or any provided material concerning our cooperation shall be disclosed to any third party without prior agreement (mutatis mutandis). Both parties shall not, at any time divulge, furnish or make accessible to anyone: all information relating to the business, affairs, operation, customers, processes, pricing, policies, production, information, strategies, development, trade secrets, know-how, personnel and suppliers, from the other party and any other information clearly designated as being confidential or which ought reasonably considered confidential.
Each party may however (without the prior consent of the other party) disclose information which would otherwise be confidential if and to the extent (i) required by any law or regulation, (ii) required to conduct the defence of a claim of a third party, (iii) the information is or becomes publicly available without breach of the Terms of Service and/or Subscription Form, and (iv) disclosed to the professional advisers, accountants or bankers of the other party (subject to duties of confidentiality).
Upon any termination of the cooperation between parties this provision will survive.
Each party agrees to comply with all applicable data protection and privacy laws while performing under this Agreement.
You retain all ownership and (intellectual property) rights in and to Your data. In order to enable Hotelchamp to provide the Services to You, You grant Hotelchamp a royalty-free, worldwide, non-transferable, right and license to use the data provided by You to Hotelchamp in respect with the Service or derived by Hotelchamp by provision of the Service. Hotelchamp has taken the required organizational and contractual measures to ensure that the use by Hotelchamp of such data shall not infringe any data protection right or privacy law under Dutch law.
We do our best to provide all Services and software on highest quality and liability. All our Services and software are provided “as is” and “as available”. The (communication to the public on Your website through the) use of our Services and software is fully for Your own risk and account and Hotelchamp shall not be liable for any direct or indirect damages, costs, (alleged) third party claims, court orders, penalties and/or indemnities resulting from Your use of the Services and software. In case of any interruption of service or other events preventing our Services and software from functioning we will do our possible best to meet these interferences.
Under no circumstances Hotelchamp and/or any of its directors, employees, partners, agents, suppliers or affiliates shall be liable to You for any direct or indirect, special, incidental or consequential damages or loss (including losses due to delay), (alleged) third party claims, court orders, penalties, indemnities, or costs or expenses of any kind resulting from Your use (or the inability to use) of our Services or the communication to the public on Your website through the use of our Services to the fullest extent as permitted by and subject to the applicable laws, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Hotelchamp.
The liability of Hotelchamp is in any event expressly limited to the amount for which Hotelchamp is covered by its insurance.
Unless expressly provided in these Terms of Services, Hotelchamp does not provide any express or implied warranties with respect to the (use of its) Services and software.
These Terms of Service, the Subscription Form and any (non-)contractual obligations or disputes with respect to the cooperation between Hotelchamp and You will be exclusively subject to the laws of The Netherlands. In the event that the parties cannot resolve a dispute after good faith discussions within 30 days, this dispute will be resolved by the component court of Amsterdam, the Netherlands.
We may update these Terms of Services from time to time for legal or regulatory reasons or to allow the proper operations.
If for any reason a court of competent jurisdiction finds any provision of the Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Any notice or other formal communication to be given under the Terms of Service and/or Subscription Form to Hotelchamp shall be in writing and signed by or on behalf of You. It shall be delivered by hand or sent by special delivery or registered post to Hotelchamp B.V., Johan Huizingalaan 763A, 1066 VH Amsterdam, Netherlands. We will send You any notice or other formal communication to be given under the Terms of Service and/or Subscription Form to the address You provided to us via the Subscription Form.
The Terms of Service together with the Subscription Form constitute the entire and exclusive understanding and agreement between Hotelchamp and You regarding the cooperation. The Terms of Service supersedes and replaces any and all prior oral or written understandings or agreements between Hotelchamp and You regarding the cooperation, however if a Subscription Form differs from The Terms of Service then the Subscription Form supersedes The Terms of Service.
A person or entity who is not a party to the Terms of Service and/or Subscription Form, will not have any rights to enforce any term of the Terms of Service.
Nothing contained in this Terms of Service and Subscription Form should be deemed or construed to form a general or limited partnership, a joint venture of agency between the parties, or allow a party to enter into obligations on behalf of the other party.
If You have any questions, feel free to contact us.
The Terms of Service have been kindly presented to You by Hotelchamp B.V., Johan Huizingalaan 763A, 1066 VH Amsterdam, Netherlands. Last updated: 10th November 2016
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