FrontDesk Master Terms and Conditions
FRONTDESK MASTER PROVIDED BY FRONTDESK MASTER LTD TERMS AND CONDITIONS AGREEMENT
Effective Date: 25th May 2018
FrontDesk Master Ltd, here referred to as FrontDesk Master, is an IT enabled company providing services and solutions for the Hospitality & Travel Industry. “HostelSystem” and “FrontDesk Master” provided by FrontDesk Master Ltd are the names of two software owned by FrontDesk Master.
FrontDesk Master provided by FrontDesk Master 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.
FrontDesk Master reserves the right to change these terms at any time. We will notify you not less than ten (10) days prior to the effective date of any amendments to these terms and conditions and your continued use of the Service(s) following the effective date of any such amendment may rely upon Your acceptance of any such amendment. It is User’s obligation to ensure that one has read, understood and agree to the most recent terms and conditions.
“Channels” means any external source, such as, booking portal integrated with FrontDesk Master;
“Confidential Information” encompasses all information of legal, commercial, technical, administrative and other nature, pertaining to the FrontDesk Master, 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 FrontDesk Master or obtained by the User in a different manner. Confidential Information shall be in particular information about entering into the Terms and conditions agreement, its content, object and scope, as well as information about performing the Terms and conditions agreement;
“Data” means any data inputted by User into the Software;
“Effective Date” means the date upon which the Terms and Conditions take effect;
“License fee” means the monthly fee (excluding taxes and duties) payable by User in accordance with the license fee schedule available on the FrontDesk Master Website (which FrontDesk Master 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;
„Billing Contact“ means contact details as inserted (or provided via email) 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 Terms and conditions agreement hereinafter;
„Service“ means HostelSystem and FrontDesk Master provided by FrontDesk Master Ltd, Property Management Systems 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 and conditions agreement“ means this general terms and conditions governing the conditions under which the Service can be used be the User;
„Website“ means www.frontdeskmaster.com .
2. USE RIGHTS.
If User complies with this agreement, FrontDesk Master grants to the User a non-exclusive, non-transferable, revocable right to use the Service for the User’s Property. User must only use the Service for its own lawful business purposes, in accordance with the Terms and conditions agreement.
3. USER OBLIGATIONS.
- Compliance with Laws. User shall comply with all applicable laws in its use of and dealings with the Service including but not limited to, laws relating to privacy and data protection.
- User warrants that it is the owner of and has all requisite legal rights to input, enter, store and process to the Service any and all Data and information that it inputs, enters, stores and processes to the Service.
- Accuracy of Data. User shall alone be responsible for ensuring the accuracy of any and all Data that is inputted, entered, stored or processed by it to the Service.
4. USER DATA & CONTENT.
- The User hereby grants to FrontDesk Master a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User’s Data to the extent reasonably required for the performance of the Service and FrontDesk Master’s rights under the Terms and conditions agreement. The User also grants to FrontDesk Master the right to sub-license these rights to its hosting, connectivity and telecommunications service providers subject to any express restrictions elsewhere in the Terms and conditions agreement.
- The User warrants to FrontDesk Master that the User’s Data when used by FrontDesk Master in accordance with the Agreement will not infringe the intellectual property rights, privacy rights or other rights of any person whose data is stored and processed in the Service.
5. 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 FrontDesk Master does not have the obligation to protect or maintain User’s Data. FrontDesk Master reserves the right to remove all User’s Data and details from its server in case of lack of the valid license within 30 days from the trial termination or license expiration.
6. PAYMENT OBLIGATIONS.
- FrontDesk Master 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.
- The User must pay the license fee in advance of the period to which it relates.
- An invoice for the License Fee will be issued to the Billing Contact minimum every 1 month. FrontDesk Master will continue invoicing you until this Agreement is terminated. All FrontDesk Master 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 and conditions agreement. 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 FrontDesk Master bank account. FrontDesk Master is not obligated to provide you with any other notice. In case of late payment, FrontDesk Master maintains 24 business hours to provide User the access to enabled Service.
7. ACCESS CONDITIONS.
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 and Conditions agreement 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 FrontDesk Master, User gives to FrontDesk Master, 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 FrontDesk Master software and service that includes the feedback. User will not give feedback that is subject to a license that requires FrontDesk Master to license its software or documentation to third parties because we include his/her feedback in them. These rights survive this agreement.
8. 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. FrontDesk Master 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.
9. SUPPORT SERVICES.
FrontDesk Master provides the support during week days from approx. 7 am to 2am GMT time. In the case of technical problems User may check the support solutions provided online by FrontDesk Master or contact FrontDesk Master Team at [email protected] or Skype: frontdeskmaster
During weekends and national holidays FrontDesk Master monitors the urgent cases, namely, loss of access to the application at [email protected].
While FrontDesk Master intends to provide uninterrupted service it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
If for any reason FrontDesk Master has to interrupt the Service for longer periods than FrontDesk Master would normally expect, we will use reasonable methods to instantly publish in advance details of such activity on the Website.
10. DATA PROTECTION AND PRIVACY.
10.1 General. To the extent that any content contains data that relates to individuals who can be identified either directly from that data by itself or from that data in conjunction with any other data or information held by or in the control of, or likely to come into the possession of, User (“Personal Data”) User agrees that User shall for the purposes of any and all applicable data protection laws, including from 25 May 2018 the General Data Protection Regulation (“Applicable Data Protection Laws”) be the person or entity that determines the purposes and means of the processing of such Personal Data (the “Controller”) and that FrontDesk Master shall not be the Controller in respect thereof. User further agrees that it is the responsibility of User to ensure that any and all Personal Data obtained and processed by it and inputted, entered, stored and processed by it to Service has been obtained and processed in accordance with all Applicable Data Protection Laws.
10.2 FrontDesk Master. User acknowledges that under certain Applicable Data Protection Laws the making available by FrontDesk Master to User and the carrying out by FrontDesk Master activities associated therewith may constitute FrontDesk Master as a Processor (as defined under Applicable Data Protection Law) of User. To the extent that such activities involve processing of Personal Data on behalf of the User, the parties agree that:
(a) FrontDesk Master shall process Personal Data in relation to User’s guests, including their name, email address, ID numbers, date of birth, nationality, other Personal Data provided by the User and details of their accommodation booking, on behalf of User in the context of providing the services under this Agreement, for the duration of the term of this Agreement. The obligations and rights of User shall be as set out in this Agreement;
(b) FrontDesk Master will only process the Personal Data in accordance with the documented instructions of User, including with regard to transfers of the Personal Data to a third country and solely as strictly necessary for the performance of its obligations under this Agreement; The Instruction at the time of entering into this Terms and conditions agreement is that FrontDesk Master may only process the Personal Data supplied by User on its behalf with the purpose of delivering the Service i.e. Property Management System, Channel Manager or Booking Engine enabling Property’s reception, front desk and backoffice day to day operations.
(c) FrontDesk Master shall ensure that the persons authorised by FrontDesk Master to process the Personal Data are bound by appropriate confidentiality obligations;
(d) FrontDesk Master shall implement such technical and organisational security measures as are required to comply with the data security obligations under Applicable Data Protection Law;
(e) FrontDesk Master is authorised to engage sub-processors in connection with the provision of the services under this Agreement. FrontDesk Master shall inform User if it intends to engage a sub-processor or replace a sub-processor, and will provide User with an opportunity to object to such changes.
(f) where any sub-contractor of FrontDesk Master will be processing the Personal Data on behalf of User, FrontDesk Master shall ensure that a written contract exists between FrontDesk Master and the sub-contractor containing clauses equivalent to those imposed on FrontDesk Master in this Clause 11.2. In the event that any sub- processor fails to meet its data protection obligations FrontDesk Master shall remain fully liable to User for the performance of the sub-processor’s obligations; User consents to FrontDesk Master engaging third party sub-processors to process the User’s Data related to providing the Service based on the Terms and conditions agreement provided that: i. FrontDesk Master maintains an up-to-date list of its sub-processors at frontdeskmaster.com/subprocessor which it shall update with details of any change in subprocessors prior to any such change. (ii) User may object to FrontDesk Master’s appointment or replacement of a subprocessor prior to its appointment or replacement, provided such objection is based on reasonable grounds relating to data protection. In such event, FrontDesk Master will either not appoint or replace the subprocessor or, if this is not possible, User may suspend or terminate the Service.
(g) FrontDesk Master shall, taking into account the nature of the processing, assist User by implementing appropriate technical and organisational measures (insofar as this is possible) to assist User to comply with requests from data subjects to exercise their rights under Data Protection Law [and any such assistance shall be at the cost of User];
(h) FrontDesk Master shall assist User in ensuring compliance with its obligations in respect of security of personal data, data protection impact assessments and prior consultation requirements under Data Protection Law [and any such assistance shall be at the cost of User];
(i) FrontDesk Master shall: (i) at the choice of User made in writing within 14 days from service termination date i.e. license expiration, delete or return the Personal Data to User; and (ii) delete all existing copies of such personal data unless EU law or the laws of an EU Member State require storage of the personal data [and any such return or deletion of data shall be at the cost of User];
(j) FrontDesk Master shall: (i) make available to User all information necessary to demonstrate compliance with the obligations laid down in this Clause 8.2; and (ii) allow for and assist with audits, including inspections, conducted by User or another auditor mandated by User, in order to ensure compliance with the obligations laid down in this Clause 8.2. [FrontDesk Master shall be entitled to charge the User any costs incurred in connection with compliance with the obligations at (i) and (ii) above and work performed at the request of the User]. For the purposes of demonstrating compliance with the data security obligations under Data Protection Law, User agrees that it shall be sufficient for FrontDesk Master to provide evidence of adherence by FrontDesk Master to an approved code of conduct or an approved certification mechanism;
(k) FrontDesk Master shall [promptly/immediately] inform the User in the event that it receives an instruction that in its opinion would contravene Applicable Data Protection Law; and
(l) taking into account the nature of the processing and the information available to FrontDesk Master, FrontDesk Master shall notify User without undue delay after becoming aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the Personal Data that is transmitted, stored or otherwise processed by FrontDesk Master under this Agreement, and shall provide User with such reasonable co-operation and assistance as may be required to mitigate against the effects of, and comply with any reporting obligations which may apply in respect of, any such breach.
10.3 Data Subject Access Requests. Without prejudice to the obligation to provide assistance under Clause 11.2(g), User shall be responsible for complying with any and all requests that it may receive from data subjects under any Applicable Data Protection Laws to obtain access to, have corrected, erased or blocked any Personal Data relating to such data subjects which is held on Service software i.e. HostelSystem or FrontDesk Master.
10.4 User Obligations. User acknowledges that other than FrontDesk Master’s obligations pursuant to Clause 11.2 above, User shall be responsible for implementing all other technical and organisational security measures required under Applicable Data Protection Laws in relation to its use of the Service, and the processing by it of any Personal Data on the Service.
11.1 User expressly acknowledges and agrees that FrontDesk Master, acting as Channel manager, is an intermediary between User and Channels.
11.2 Whilst FrontDesk Master intends to provide uninterrupted and bug free Service, FrontDesk Master cannot guarantee uninterrupted or error free performance or that bugs will never occur as reasonably this is not possible given the nature of the software, internet and world wide web. User expressly acknowledges and agrees that FrontDesk Master shall have no liability for non-performance or failure of functionality of the Service especially where same may be due to third party telecommunications equipment and services, the Content or any data, software, programs, operating systems, computers and telecommunications equipment used by User. Additionally, it does not take responsibility for the problems related to Channels unresponsiveness, communication or Content problems, as well as problems related to misconfiguration or misunderstanding on the system functionality.
11.3 FrontDesk Master reserves the right to update, change its website address as well as email, contact details. Such change does not constitute the change of the Terms and conditions agreement. FrontDesk Master must notify User about such change.
12. DISCLAIMER OF WARRANTIES.
The Service is licensed “as-is”. You bear the risk of using it. FrontDesk Master gives no warranties, guarantees or conditions. Without limiting the foregoing, FrontDesk Master 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.
13. LIMITATION ON AND EXCLUSION OF DAMAGES.
FrontDesk Master’s liability under this agreement is limited. You can recover from FrontDesk Master 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 FrontDesk Master knew or should have known about the possibility of the damages.
FrontDesk Master 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 Service 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 FrontDesk Master 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.
16. TERM & TERMINATION
i. The Terms and conditions agreement come into force upon the Effective Date.
ii. This Agreement shall automatically terminate on license expiry if new license or termination (for whatever reason) of the agreement between FrontDesk Master and User.
iii. User can terminate the Agreement any time by sending the statement to [email protected]. The termination is effective at the last day of the month when the termination was received by FrontDesk Master. 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 FrontDesk Master will refund the License Fee with the deduction of the money transfer fees.
iv. FrontDesk Master 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.
17. 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.
18. 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.
19. 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.
FrontDesk Master Ltd
45 Greystone Road
CB1 8DT Cambridge