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webhotelier | primalres

according to the EE regulation 3016/679

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GENERAL TERMS AND CONDITIONS OF COOPERATION

Services of the PROVIDER

  1. The PROVIDER shall provide to the CUSTOMER the services listed in Annex 1 of the Agreement (hereinafter the «Services»). The use of any additional or customised support services will be charged extra and subject to the PROVIDER's pricing policy.
  2. The PROVIDER shall be obliged to provide its Services to the CUSTOMER in an appropriate manner.
  3. In order for the PROVIDER to provide the Services, it is necessary to install and configure as well as train the CUSTOMER to use the Services. However, the PROVIDER may not provide such installation and configuration services as well as training to use the Services, which are outside the scope of its services and those services will be provided to the CUSTOMER by third parties independent of the PROVIDER. In such cases, the PROVIDER may recommend to the CUSTOMER independent companies to provide such services, but shall not be liable for any failure of such third parties to provide the above services or for any failure of a third party chosen by the CUSTOMER.
  4. The PROVIDER shall make every effort to ensure that the CUSTOMER has uninterrupted access to the software or/and the applications, relating to the provision of the Services, 24 hours a day, 7 days a week, to enter or change the data regarding its accommodations. The PROVIDER does not, however, guarantee the uninterrupted and flawless operation of the software or/and the applications, relating to the provision of the Services, since issues may arise from factors beyond its control, such as the World Wide Web, telephone lines, emergencies, etc.
  5. The data concerning reservations at the accommodation(s) of the CUSTOMER are highly confidential and under no circumstances should they be disclosed to third parties or used by the PROVIDER for own benefit, even after the termination of their cooperation.
  6. In case the CUSTOMER requests the PROVIDER to include, in the Services, data entry services which concern exclusively the CUSTOMER (indicatively and not limited to i.e. accommodation data, pricing policy, availability, contracts, media etc.), the entry of such data into the booking system is not an obligation of the PROVIDER, nor is it part of the service provided by the PROVIDER, as detailed in the Agreement and is provided solely under the responsibility of the CUSTOMER, and takes place solely for its facilitation. Therefore, for any inaccuracy or error concerning such data, the PROVIDER shall not be liable in any way whatsoever.
  7. The PROVIDER may recommend third party companies to the CUSTOMER for the provision of support services in relation to the Services ("Support Services - SUPPORT"). The use of the support services is also subject to the service hours announced by the PROVIDER on the support page and via the address "support@webhotelier.net". The use of the Support Services is subject to the pricing policy of the PROVIDER.

License and intellectual property rights

  1. The software or/and the applications, relating to the provision of the Services are protected, like any other work of intellectual property, by copyright laws and international copyright conventions, as well as by other relevant laws and conventions. This Agreement grants to the CUSTOMER only the right to use them and does not sell nor assign any intellectual right thereon.
  2. At the commencement of the Agreement, the PROVIDER shall provide the CUSTOMER with passwords (Username + Password), which ensure the right to access and use the software or/and the applications, relating to the provision of the Services.
  3. These codes are given to the CUSTOMER "in good faith" and exclusively in order to use the software or/and the applications, relating to the provision of the Services in accordance with the terms of the Agreement and the General Terms and Conditions of Cooperation, while their disclosure to third parties (natural or legal persons not affiliated with the CUSTOMER) entitles the PROVIDER to claim compensation from the CUSTOMER for any damage caused by the use of the software or/and the applications in any way outside the scope of the Agreement.
  4. The PROVIDER reserves the right to make upgrades to the software relating to the provision of the Services, without affecting the validity of the Agreement.

Software modifications and alterations

The CUSTOMER, independently or in collaboration with third parties (companies or individuals), is not allowed to modify the software relating to the provision of the Services or reproduce it by reverse engineering, or to decompile or disassemble the source code or object code of its components. In the event that such a violation is established, the PROVIDER reserves all legal rights to compensation for the damage caused by such act.

Lease or transfer of software to third parties

The CUSTOMER is not allowed to rent or lease or lend or transfer the right to use the software relating to the provision of the Services or its individual parts to a third party without the written permission of the PROVIDER.

Supplementary Code - Software Upgrades

  1. Any supplementary software code and any software component provided by the PROVIDER to the CUSTOMER shall be considered part of the Services and subject to these terms and conditions and the terms of the Agreement with the CUSTOMER.
  2. Functional and technical improvements to the Services and software relating to the provision of the Services that may result from remarks or suggestions by the CUSTOMER shall be considered an integral part of the software.
  3. The PROVIDER may, but is not obliged to update the software and/or application relating to the provision of the Services, in order to improve their features and reliability. Such improvements shall not render the previous version defective.

Obligations of the CUSTOMER

  1. The CUSTOMER shall maintain its computers and software in perfect condition to enable the PROVIDER to provide its Services properly.
  2. The CUSTOMER is obliged to provide the PROVIDER with all information regarding its computers and software necessary for the proper performance of the Services.
  3. The CUSTOMER is obliged to enter in the software or/and the applications, relating to the provision of the Services, accurate and true information on the existence, location, invoice and content of all the services provided thereby. The PROVIDER cannot, under any circumstances, be held responsible for the falsification or inaccuracy of data on accommodations presented or managed by the CUSTOMER via the software or/and the applications, relating to the provision of the Services.

PROVIDER’s fee - Cost of Service

  1. For the Services that the PROVIDER shall provide to the CUSTOMER in accordance with Annex 1 of the Agreement, the CUSTOMER shall pay to the PROVIDER the amounts provided for in Annex 1, according to the terms provided therein, by credit or debit card via an electronic link that the PROVIDER shall send to the CUSTOMER together with the invoice for the provision of Services. The use of any additional or customised Support Services shall be charged extra and shall be subject to the PROVIDER's pricing policy.
  2. For the Services provided by the PROVIDER to the CUSTOMER on an annual basis, at the beginning of each contract year, the PROVIDER shall issue and send to the CUSTOMER an invoice for its fee and the CUSTOMER shall be required to pay the same within [30] days from the date of issue of the relevant invoice. If full payment has not been made by the end of this period, the PROVIDER shall have the right to terminate the services immediately without further notice. In this case and if the services provided are terminated for this reason, the CUSTOMER, if it wishes to continue receiving the services in question, in addition to the full payment of the invoice due, shall also be charged with a reconnection fee, which shall amount to 20% of the amount of the PROVIDER's current annual fee, the payment of which shall also precede any reconnection of the services.
  3. The PROVIDER reserves the right to adjust prices after one year from the date of signing the Agreement. The change in prices shall be binding on the CUSTOMER from the beginning of the following contract year, provided that the PROVIDER has notified the CUSTOMER at least two (2) months before the end of the contract year and the CUSTOMER has not terminated the Agreement in accordance with clause 1.3 of the Agreement.

Agreement Duration - Termination

  1. The duration of the Agreement is annual. The Agreement shall be automatically renewed annually unless either Party gives written notice to the other Party that it wishes to terminate the Agreement at least thirty (30) days prior to the completion of the annual term.
  2. This Agreement may be terminated at any time by the PROVIDER in the event that the CUSTOMER fails to comply with any term of this Agreement or with Annex 2 (General Terms and Conditions of Cooperation) or Annex 3 (Privacy Policy) or misuses the Services to the detriment of the interests of the PROVIDER or clients of the PROVIDER or clients of the CUSTOMER. In this case, the PROVIDER shall not be liable to compensate the CUSTOMER for the early termination of the Agreement or to refund the annual fee already paid.
  3. This Agreement may be terminated at any time by the CUSTOMER in the event that the PROVIDER is in breach of its obligations through fraud or gross negligence.

Liability of the parties

  1. The PROVIDER is not liable towards the CUSTOMER if it fails to perform or complete or if it delays to complete the provided Services due to: a) an event related to the CUSTOMER, such as in particular a defect of its computer hardware or software, e.g. from viruses b) an event beyond the PROVIDER's control including, but not limited to, damage or malfunction of the websites or Internet Service Providers or power supply networks, natural disasters, etc. In the event that the Services are not provided flawlessly for reasons beyond the control of the PROVIDER, the latter shall not be liable for any damage suffered by the CUSTOMER as a result of such defective operation of the Services, nor shall the CUSTOMER be entitled to any refund of the fee paid.
  2. The CUSTOMER acknowledges that it has full control and responsibility over the data it enters in the software or/and the applications, relating to the provision of the Services regarding the accommodation, the prices, the number of available rooms and other information it wishes to display through the service, therefore the PROVIDER shall not be liable in relation to the above. In particular, the CUSTOMER is obliged to enter the exact information regarding its accommodation and to ensure that the program is constantly updated, especially with regard to room availability. The CUSTOMER is solely responsible for any incorrect entries, misinformation and damage suffered by its users and clients. The CUSTOMER is also solely responsible for the following:
    • For the management of credit card details and personal data included in the reservations of users/clients,
    • for cases of "overbooking"; and
    • in the event of non-compliance with the conditions under which the client made the reservation.
  3. In the event that it is proven that the CUSTOMER has suffered damage due to a failure of the software or/and the applications, relating to the provision of the Services, the PROVIDER shall be liable to compensate the CUSTOMER for the damage that the latter suffered, in any case not exceeding the amount of the annual fee paid by the CUSTOMER for the specific (current) year of the Services by the PROVIDER, which [annual fee] is set as the maximum amount of compensation that the PROVIDER may pay to the CUSTOMER. The parties agree that this clause is a reasonable allocation of risk.

Confidentiality - Personal Data

  1. As part of their cooperation, the CUSTOMER and the PROVIDER may make available to the other party or its directors, officers and employees (collectively referred to as "Agents") information concerning financial and other data of said party and its customers (hereinafter referred to as "Confidential Information").
  2. The parties acknowledge that all Confidential Information received by the PROVIDER or the CUSTOMER, including their Agents, from the other party (including its Agents) is confidential unless it can be proven that, that specific information was publicly known or in the possession of the party using it before it was received from the other party. The Parties shall maintain Confidential Information in complete confidence and undertake not to permit or cause any disclosure containing such information to be made without the express prior consent of the other party. Without the prior consent of the other party, except as required by Law, neither party shall disclose to any person any Confidential Information. In addition, the parties shall not use Confidential Information of the other party or its customers in any manner other than to use it in the context of performance of its obligations under their cooperation. The PROVIDER and the CUSTOMER hereby warrant that both they and their Agents will comply with this Agreement and assume responsibility for any of their Agents who fail to comply with the terms of this Agreement as if each Agent were a party to this Agreement. Each Party will inform its employees or other persons with access to Confidential Information in writing that they are required to keep all information confidential. The confidentiality obligation will remain in effect even after the termination of the contractual relationship between the parties until the relevant information becomes publicly available or the relevant party decides to no longer treat the information as confidential (in case of doubt, this will not be presumed).
  3. The PROVIDER has adopted adequate physical, technical and organizational measures to protect and safeguard Personal Data from unauthorized or unlawful processing thereof, or accidental, unauthorized or unlawful access, use, transmission, processing, copying, transfer, alteration, loss or destruction of the personal data of the CUSTOMER and its clients, among others: by using cryptography, where required; by using password protection, where required; and by restricting access to personal data (access to personal data is granted only to those employees/staff of the PROVIDER for whom access is necessary for the purpose of providing services to the CUSTOMER and its clients). The CUSTOMER declares that it has read and accepts the PROVIDER's Privacy Policy (Annex 3 of the Agreement), which may also be posted at the web address www.webhotelier.net/privacy and expressly consents to its application and to the PROVIDER's ability to unilaterally modify it from time to time, upon prior notification to the CUSTOMER of the changes.
  4. The CUSTOMER consents that the PROVIDER may add the CUSTOMER's trade name to its customer database and that the PROVIDER will mention the CUSTOMER as a customer to third parties or to the public.

Other provisions

  1. In the event of an internal restructuring of the group to which the PROVIDER belongs, any company of the group may take its place, provided that this is notified in writing to the CUSTOMER by the PROVIDER. In this case, the Agreement shall not be terminated but shall continue to be in force, otherwise unchanged, between the CUSTOMER and the new group company, and all the relevant rights and obligations of the parties shall continue to apply uninterrupted, and the past duration of this Agreement shall be treated as an uninterrupted continuation of the Agreement.
  2. This Agreement may be amended by the Parties solely in writing. Exceptionally, no written amendment is required to extend the Agreement to new Services, which may also be effected by means of exchange of e-mail messages between the Parties at the e-mail addresses listed at the beginning of this Agreement for each Party. The new Services are subject to the pricing policy of the PROVIDER, of which the PROVIDER has already notified the CUSTOMER upon the conclusion of this Agreement and the CUSTOMER has accepted.
  3. Any invalidity of any contractual term shall not affect the validity of the other terms, and the Agreement shall continue in full force and effect without such invalid term.
  4. The Annexes to the Agreement form an integral part thereof. Any reference to the Agreement or a term of the Agreement shall be deemed to include the Annexes thereto.

Applicable law - Jurisdiction

  1. This Agreement shall be governed by and construed exclusively in accordance with Greek law.
  2. The Courts of Athens shall have exclusive jurisdiction for the resolution of any disputes that may arise between the Parties from or in relation to this Agreement and/or the services provided for hereunder, as well as any issue regarding the existence, validity or termination of the Agreement.