Website Builder for independent hotel - Amenitiz
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GENERAL TERMS AND CONDITIONS

Legal notice

The website 'Amenitiz.io' and the mobile and tablet applications 'Amenitiz’ are edited by:

Amenitiz Solution SL
Limited company with a capital of 15,000 euros.
Head office: 4, Plaza d'Urquinaona, 08010 Barcelona
Tax identification number: B67096750
Publication Director: Mr Alexandre Guinefolleau.
Email : contact@amenitiz.io

The website www.amenitiz.io is hosted within the European Union by:
Heroku Inc.
The Landmark @ 1 Market St., Suite 300,
San Francisco, CA, 94105, United States.

General Terms of Service

Last update: September 6th 2018

Preamble

Amenitiz Solutions assists accommodation professionals by offering them a digital platform hosted in Saas that enables them to create a website for their accommodation activity.

By browsing the website available at the IP address www.amenitiz.io , , every user is compelled to read and accept these General Terms and Conditions.

Amenitiz Solutions retains the right to complete, modify and change these General Terms and Conditions at any time.

Consequently, it is recommended to every user to regularly consult the General Terms and Conditions in order to take note of their possible updates.

Article 1: Definitions

In these General Terms and Conditions, the words beginning with a capital letter get the following definition:

« Subscriber » refers to every user who has access to one of the Amenitiz Services, whether he/she subscribed to it or not.

« Subscription » refers to the contractual relation between the Subscriber and Amenitiz Solutions once the Subscriber has subscribed to a Plan ruled by these General Terms and Conditions.

« Amenitiz Solutions » refers to the producing company of the Platform available at the URL address « www.amenitiz.io »

« Subscriber Account » refers to the space dedicated to the Subscriber after having registered on the Platform.

« General Terms and Conditions » refers to this agreement.

« Subscriber Content » refers to all content inserted by the Subscriber on his/her User Website.

« Subscriber Page » refers to the personal space to which the Subscriber has access to after having registered on www.amenitiz.io

« Free trial »refers to the fourteen (14) days period during which the User, subject to creating a Subscriber Account, can access all the Services for free.

« Plan » refers to a set of Services to which every User can subscribe to on the Platform.

« Login details » refers to the user name and password of each Subscriber or Guest allowing to access the Subscriber Page.

« Guest » refers to every person authorized by the Subscriber to access all or part of the Subscriber Page with his/her own user name and password.

« Platform » refers to the web and mobile sites available at the IP address https://www.amenitiz.io

« Complementary Services » refers to installation and training services to which every Subscriber can subscribe to when choosing the Services he/she is subscribing to.

« Rules relating to personal data » refers to all the provisions relating to personal data and more specifically to the Loi Informatique et Libertés of 6th January 1978 and to the Règlement général sur la protection des données 2016/679 (both from French legislation on Data Protection).

« Amenitiz Service(s) » )” refers to all the services offered through the Platform.

« Subscriber Website » refers to the website created by the Subscriber from the Platform.

« User » refers equally to every person going on the Platform, every Subscriber and every Guest.

Article 2: Purpose of the Platform

The purpose of the Platform is to enable all the professionals of the accommodation area to create an attractive and functional website in a fun way without any specific IT or graphic knowledge required.

Amenitiz Solutions offers to hotel-keepers, and more generally to professionals of the accommodation area, a set of tools to manage, exploit and edit their website.

Amenitiz Solutions offers five (5) distinct Plans giving access to all or part of the Services.

The five (5) Plans offered by Amenitiz Solutions are the:
-Presence Plan: this Plan includes the “Website Builder” Service;
-Presence Pro Plan: this Plan includes the “Website Builder” and “Booking Engine” Services;
-Sales Plan: this Plan includes the ‘Booking Engine” Service;
-Sales Pro Plan: this Plan includes the “Booking Engine” and “Channel Manager” Services;
-Ultimate Plan: this Plan includes the “Website Builder”, “Booking Engine” and “Channel Manager” Services.

The User who wants to subscribe to a Plan for a bed and breakfast, a cottage or a hotel with less than twelve (12) rooms can only subscribe to the Presence, Sales Pro and Ultimate Plans.

The different Services are available as Free trial for fourteen (14) days to every User. At the end of this period of fourteen (14) days, the Subscriber can subscribe to one of the Plans listed above. Otherwise, the Subscriber will not be able to access the Services anymore

Activating the “Channel Manager” Service puts automatically an end to the Free trial. To access this Service, the Subscriber has to subscribe to a Plan.

To subscribe to the Services and/or to get the Free trial, the User has to create a Subscriber Account.

Browsing through and using the Platform and/or the Services included imply having read and fully agreed to these General Terms and Conditions.

Article 3: Creating an account

To have access to some features of the Platform and in order to subscribe to the Services, the User has to create a Subscriber Account.

3.1: Requirements to create an account

The Services offered are solely for people who are of age in the area of subscription and use of the Services.

The Services offered are solely for accommodation professionals.

3.2: Creating a Subscriber Account

In order to create a Subscriber Account, and thus have access to the Services, the Subscriber has to register on the Platform.

During the registration, the Subscriber will choose his/her Login details that will allow him/her to get access to his/her Subscriber Page from which he/she will be able to create and edit his/her Subscriber Website.

The Subscriber is compelled to keep his/her Login details confidential and not to cede and concede them to third parties.

For its part, Amenitiz Solutions is compelled to take the necessary measures to prevent any disclosure of the Subscriber’s Login details.

If a third party gets access to the Subscriber Page thanks to the Login details, he/she will be able to make all the changes the Subscriber can do, that being, subscribe to new Services, modify the Subscriber Page but also the Subscriber Website.

The Subscriber bears full responsibility for the actions done on his/her Subscriber Page and Subscriber Website through his/her Subscriber Account, having agreed to the changes or not.

Amenitiz Solutions regards as holder of the Subscriber Account the holder of the email address given during registration.

The Subscriber is compelled to give true, complete and up-to-date information.
Assuming the data provided by the Subscriber turns out to be false, incomplete or out-dated, Amenitiz Solutions retains the right to suspend or terminate the Subscriber Account, without any damages or notice.

If Services you have to pay for have been subscribed to through a Subscriber Account, Amenitiz Solutions will regard the holder of the Subscriber Account as the person whose billing information were given to subscribe to these Services you have to pay for (Billing information).

3.3: Creating a Guest Account

The Subscriber can decide to give access to all or part of his/her Subscriber Page to one or more Guests.

To do so, the Subscriber gives on his/her Subscriber Page the surname, name and email address along with the access level of each Guest.

The Guest will then receive an email with his/her Login details for his/her Guest Account giving him/her access to the Subscriber Page according to the access level chosen by the Subscriber.

By going to the Subscriber Page, the Guest purely and simply agrees to these General Terms and Conditions.

The Subscriber can, whenever he/she wants to, change the access level he/she selected for the Guest.

The Subscriber can also terminate at any time the Guest Account.

The Subscriber only is accountable for the actions carried out by a Guest from the Subscriber Page.

Article 4: Complementary Plans and Services

4.1 Subscribing to the Plans

The Subscriber can subscribe to different Plans as showed above in the Article 2.

The Subscriber can subscribe at any moment to a Plan different from the one he/she subscribed to at first. Access and use of the new Plan occur immediately. The amount of the invoice for that month shall then be calculated as a pro rata.

Once the Subscriber has subscribed to one of the Plans, he will have access to the corresponding Services and update(s).

The Services offered by Amenitiz Solutions mainly allow the Subscriber to create his/her Subscriber Website thanks to technical and IT tools and/or to have an online booking module and centralise their information on distributor websites (like Expedia or Booking) through the “Channel Manager”. Consequently, the Subscriber only is accountable for the commercial and financial management of his/her Subscriber Website.

In the same manner, Amenitiz Solutions guarantees neither the commercial profitability of the Subscriber Website nor a minimum number of visits. It shall not be held accountable in this way.

4.2 Subscribing to the Complementary Services

The Subscriber can choose, when he/she is selecting the Plan, Complementary Services.

This option will lead to additional costs as listed below in Articles 6.1 and 6.2.

Following his/her subscription to Complementary Services, the Subscriber will be contacted by phone by Amenitiz Solutions to set the execution date of these Complementary Services.

The Complementary Services execution is done by an Amenitiz Solutions employee and lasts one (1) day.

The Complementary Services execution can be done on the Subscriber’s geographic location if he/she happens to be in Western Europe. If it is not the case, the Complementary Services execution will be remotely done.

If it was agreed that the Complementary Services execution would be done on the Subscriber’s geographic location, any cancellation or postponement of these services execution date will lead to invoicing all the costs incurred by Amenitiz Solutions (such as freight and accommodation costs).

4.3 Support and assistance

The support and assistance services are carried out by Amenitiz Solutions through an online chat system available on the Platform or by telephone at the following phone number: +44 20 3318 3539.

The support and assistance services are available from Monday to Friday from 10 am to 7.30 pm (Barcelona local time).

Article 5: Subscription time period

5.1 Subscription with no time commitment

The User can subscribe to a Subscription with no time commitment as long as the monthly payment invoicing option has been chosen.

In this case, the Subscription is concluded for a period of one (1) month starting from the subscription date and is renewed tacitly from month to month.

Every month, the Subscriber can decide to terminate the Subscription he had subscribed to the previous month. To do so, the Subscriber can unsubscribe by contacting the support and assistance service and according to the conditions for termination provided in Article 12 below.

If he/she simply wishes to change the Plan, the Subscriber can do it at any time of the Subscription through his/her Subscriber Page.

5.2 Subscription with time commitment

The Subscriber can subscribe to a Subscription with a time commitment of twelve (12) months starting from the subscription date, renewed tacitly from year to year (12 months).

At the end of each due date, the Subscriber can decide not to subscribe anymore to the Subscription he had chosen to subscribe to the previous year. To do so, the Subscriber can unsubscribe by contacting the support and assistance service and according to the conditions for termination provided in Article 12 below.

Article 6: Financial Terms

6.1 Price

The prices of the Services offered by Amenitiz Solutions are available on the Platform at the following URL address: www.amenitiz.io/fr/prix

The Subscribers acting on behalf of a bed and breakfast, a cottage or a hotel with less than twelve (12) rooms will enjoy preferential rates.

The prices displayed on the Platform exclude VAT, the Services offered by Amenitiz Solutions being intended for professionals.

6.2 Payment options

The Subscriber will have to pay the subscription fee corresponding to the Plan he/she would have chosen.

The Subscriber will have to select as he/she subscribes to the Plan the option of deadline of payment of the Subscription he/she wants to be subject to: monthly or yearly payment.

The Complementary Services payment is done at the time of the subscription to said Complementary Services.

The payment can be done, at the choice of the Subscriber, by direct debit or by credit card.

6.3 Payment incidents

If the payment is rejected, Amenitiz Solutions will try to proceed to the payment again three (3) days then five (5) days after the first rejection and then will try one last time fifteen (15) days after the first rejection.

In the event of this last attempt to charge failing again, Amenitiz Solutions retains the right to suspend the Subscriber Account without any delay until the amount due is paid. The data loaded through the Subscriber Account will be then kept for one (1) year.

When a Subscriber Account is terminated for non-payment, this could lead to a loss of the loaded data on the account. The Subscriber is the sole accountable for saving all the loaded items on his/her Subscriber Page.

Article 7: Subscriber’s obligations

7.1 General obligations

The Subscriber is compelled to use the Platform according to theses General Terms and Conditions and, more broadly, to all the legal provisions in force.

The Subscriber guarantees than every Guest will comply with these General Terms and Conditions.

The Subscriber is also compelled not to jeopardise the security and integrity of the Platform.

7.2 Obligations related to the Subscriber Content

The Subscriber will be brought to insert some Subscriber Content in his/her Subscriber Website.

To that extent, it is specified that Amenitiz Solutions cannot be in any way regarded as the editor of the Subscriber Website. Thereby, the Subscriber remains the sole accountable for the Subscriber Content he/she provides in his/her Subscriber Website.

Thus, the Subscriber is compelled to comply with the existing legislation and regulations, including taking care not to make available, release or give access to information, data, documents, services or other illicit items, being contrary to the legal and/or regulatory provisions or which may infringe the rights of others or breach the peace.

The Subscriber is also compelled not to release, publish, introduce, put on the Platform and/or Subscriber Website illicit information or documents and particularly, contrary to the public order, containing items or contents of a pornographic, defamatory or abusive nature under the law, invading someone’s privacy, interfering with the protection of personal data, constituting an infringement to the proprietary rights of a third party including intellectual property rights, being an act of hacking, inciting racial violence or hatred, inciting to commit a minor offence, a felony, a crime or an act of terrorism or glorifying war crimes or crimes against humanity, or inciting suicide, or infringing rights of third parties.

In general, the Subscriber guarantees Amenitiz Solutions against any dispute, appeal or action of a third party in this respect.

Article 8: Amenitiz Solutions’ obligations

8.1 Continuity of the Services

Subject to payment of the amount according to the stipulations in the Article 6, Amenitiz Solutions is compelled to do everything to ensure the continuity of the Services.

To that extent, Amenitiz Solutions is compelled to:

- give the Services provision, directly or indirectly, all the care of a conscientious professional as part of obligation of means;

- act loyally towards the Subscriber and provide him the Services according to these General Terms and Conditions; and

- allocate the Services provision the necessary human and material means.

AAmenitiz Solutions could not be held accountable for the mistakes and damages resulting from a misuse of the Services by the Subscriber or any Guest.

Amenitiz Solutions could modify or change the Platform and/or the Services. In the event of a substantial evolution or change, Amenitiz Solutions will inform the Subscriber with enough time before it becomes effective (the notice cannot be of less than three (3) months).

8.2 Assistance services

AAmenitiz Solutions is compelled to provide the Subscribers the support and assistance services according to the conditions provided in Article 4.3 above.

Article 9: Intellectual property

9.1 The Platform

The Subscriber recognizes that Amenitiz Solutions is the unique holder of all the intellectual property rights pertaining to the Platform (and particularly every content of this one which would be protected by the French Intellectual Property Code and more specifically by the trade mark law and the copyright).

DAs part of the Subscriber Website creation, Amenitiz Solutions concedes to the Subscriber a non-transferable user license, on a non-exclusive basis, on the Platform for the entire world and the duration of the contractual relation.

The user license conceded by Amenitiz Solutions only allows the Subscriber to create his/her Subscriber Website.

The Subscriber renounce therefore to extract, represent, reproduce or more broadly cause damage to all or part of the Platform.

9.2 The Subscriber Content

Amenitiz Solutions will not be able to claim ownership of any content published on the Subscriber Website including any Subscriber Content.

The Subscriber guarantees to be the holder of the intellectual property rights pertaining to the Subscriber Content or of the necessary authorizations for its use.

To that extent, it is reminded according to the Article 7.2 above that the Subscriber is the sole accountable for the Subscriber Content and that Amenitiz Solutions could not held accountable in this respect.

Thus, the Subscriber is the sole accountable for the Subscriber Content and guarantees to that extent Amenitiz Solutions against any third parties dispute.

In the event of a breach of the terms of this article and of the Article 7.2 from the Subscriber, Amenitiz Solutions could proceed to the removal of the litigious content, the closing of his/her Subscriber Website as well as the termination of these General Terms and Conditions in the conditions described below in the Article 12.

Article 10: Personal data

10.1 Collected data

As part of these General Terms and Conditions, Amenitiz Solutions may collect the following data:
- identification data: title, name, surname, language and country, email address, mailing address, and phone number;

- payment data: banking details (regarding this, we inform you that all payment transactions are encrypted by the receiving bank and that we do not keep any credit card number);

- login details (such as your user name and password) and navigation data;

- commercial data such as preferences.

Some data have to be given by the Subscriber or User to get access to some features of the Platform as they are needed for Amenitiz Solutions to give access to these features to the Subscriber.

Amenitiz Solutions do not process any personal data that could be qualified as “sensitive” (information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and data concerning the health or sex life) according to the Rules relating to personal data.

Amenitiz Solutions is compelled not to transfer personal data to third parties except for the cases listed below in the Article 10.5.

10.2 Cookies

SSubject to the User’s consent, Amenitiz Solutions uses cookies and other similar technologies to make the User’s navigation on the Platform easier by adapting it to the equipment or to the search engine of the User.

Cookies enable to collect different types of data:

- details of use enabling Amenitiz Solutions to analyse how the Users use the Platform;

- technical data: IP address, search engine, localisation and time zone, browser plug-in, operating system, device used to login; and

- information about the Users’ visits on the Platform, including the URL addresses and their journey on it, the page response time, the errors of downloading.

10.3 Purposes of the data processing

The personal data listed in Articles 10.1 and 10.2 may be processed for the following purposes:

- Managing the registration on the Platform: to get access to some features on the Platform, the User must register by creating an account, his/her data are consequently used to create the Subscriber Account or Guest Account;

- Managing a Subscription: processing data is particularly needed for the Services to operate smoothly, to manage the chosen Plan, to accept the payment for the Plan, to have access to the support and assistance service;

- Access to the chat service: Amenitiz Solutions processes the data as part of the chat service in order to reply to the Users’ requests;

- Improving the Services offered by Amenitiz Solutions: Amenitiz Solutions processes the navigation and subscription data of the Users for analysis and statistics in order to improve their ergonomics and quality; and
- Marketing: as part of the subscription to the Amenitiz Solutions newsletter, it processes the Users’ data in order to send them targeted information by email.

The processing with a marketing purpose requires the User’s consent, revocable at any time.

10.4 Legal grounds

The User’s personal data processing can have different legal grounds according to the cases.

When a User subscribes to a Plan from the Platform, Amenitiz Solutions collects and processes his/her personal data in order to execute the Subscription.

Amenitiz Solutions is also based on other legal grounds such as the legitimate interests of the User.

Amenitiz Solutions takes particular care to respect the value placed in the consent in the Rules relating to personal data.

10.5 Processing recipient

As part of the use of the Platform, Amenitiz Solutions can share some personal data with some third parties listed below:

- financial institutions in order to proceed to payments;

- prevention and detection of fraud entities in order to verify your credit and identity;

- IT providers (PCI compliance) to secure the banking details; and

- services providers connected to marketing and publicity in order to optimise the User’s experience on the Platform.

Amenitiz Solutions requires from the third recipients of the Users’ personal data to commit to complying with the Rules relating to personal data.

The third parties listed above can only use the personal data transferred according to the instructions given by Amenitiz Solutions and not for their own use.

10.6 Duration of the data retention

Amenitiz Solutions keeps the personal data as long as the Subscription lasts and then one (1) year after that.

10.7 The rights of the persons involved

According to the Rules relating to personal data, every User gets a right to access, rectify, modify and delete any information about him/her.

The right of access enables every User to receive a copy of the personal data that Amenitiz Solutions keeps on him/her.

The right of rectification gives the opportunity to every User to ask to Amenitiz Solutions to correct the false information about him/her.

The right of deletion gives the opportunity to every User to ask to Amenitiz Solutions to delete his/her personal data.

The personal data processing carried out from the Platform complies with the Rules relating to personal data.

IThus, regardless of the purpose or legal ground according to which we process your data, you can at any time and without any cost send us an email to get a recap of your rights at the following email address: contact@amenitiz.io.

Please note however that we are not always able to answer positively to your request for legal reasons that we will inform you of, in this event, after receiving your request.

10.8 Security

Amenitiz Solutions has adequate security measures in order to prevent any loss, any non-authorized use or access, any modification or disclosure of the personal data.

All the personal data collected and processed by Amenitiz Solutions are saved on secure servers.

Amenitiz Solutions advise every User to only login on secure networks and to avoid login from public Wi-Fi networks.

10.9 Subscriber’s commitments

For his part, the Subscriber is compelled to comply with the Rules relating to personal data for any collect or processing of this type of data that he would carry out through the Subscriber Website.

Furthermore, he is also compelled to insert a privacy policy on his/her Subscriber Website.

The Subscriber guarantees Amenitiz Solutions against any dispute, appeal or action in this respect.

Article 11: Liability

AAmenitiz Solutions cannot be regarded as an editor of the Subscriber Content.

EAs Amenitiz Solutions does not have any control on the Subscriber Content or the Subscriber Website, it could not be held accountable in this respect.

Even in the event of a breach, an error or insufficient diligence from Amenitiz Solutions, and whatever the grounds on which its liability is looked for, Amenitiz Solutions is accountable towards the Subscriber as part of these General Terms and Conditions only for the direct damages, excluding indirect damages such as loss of an opportunity, loss or prejudice to the business reputation, loss of profit or expected saving, loss of customers, loss of turnover, whether these damages are foreseeable in their principle or scope or not.

Amenitiz Solutions could only be held accountable if the Subscriber gives proof of an error coming from Amenitiz Solutions in the meeting of its obligations, being understood that all parties recognise that Amenitiz Solutions’ error can only be connected to the infrastructural part it manages and on which it has control.

Amenitiz Solutions’ liability cannot be looked for for having removed or suspended the access to an item of the Subscriber Content after having received a notification from a User or a third party as soon as it noticed its obviously illicit nature.

Amenitiz solutions offers Services “as they are” and “as they are available”, and therefore does not have to make sure the Services match the Subscriber’s needs.

Amenitiz Solutions does not guarantee the Platform and the Subscriber Websites to operate perfectly but will put in its best efforts to ensure the continuity of the Services.

Amenitiz Solutions does not guarantee either the absence of any error or defect while using the Platform. In the event of receiving a notification of error or defect, Amenitiz Solutions is compelled, to the extent possible, to rectify it in a reasonable period of time.

Moreover, Amenitiz Solutions retains the right, voluntarily, to make the Platform unavailable in order to carry out any updating, improvement or maintenance operation.

If Amenitiz Solutions would be held accountable as part of these General Terms and Conditions, the right to compensation of the Subscriber would be limited, from all the causes, to the price paid by the Subscriber for the Services during the twelve (12) months previous to the fact generating the liability.

Article 12: Subscription termination

Every Subscriber can terminate his/her Subscription at any time by sending an email from the email corresponding to his/her Login details or directly from his/her Subscriber Account from the “Payments” page.

The Subscription termination can be carried out at any time and without notice. Every deadline started will be due.

Any breach of these General Terms and Conditions could lead to the unilateral Subscription termination by Amenitiz Solutions as to the immediate suspension of the Subscriber Account and Services to which the said Subscriber has subscribed to.

Article 13: Data restitution

As soon as the Subscription will be terminated, Amenitiz Solutions will revoke the access granted to the Subscriber to his/her Subscriber Account and is compelled to return to him/her, at the corresponding rate at the time of the reversibility notification, and when his/her first request is made in the form of a registered letter with an acknowledgement of receipt within no more than three (3) months following the termination of the Subscription, all his/her data in the form of SQL backup files and files of compressed documents in their native formats. At the end of this three (3) months period, no document or data can be transferred to the Subscriber.

Amenitiz Solutions is compelled to keep a copy of the returned data only for backup ends and not to use them anymore for any other reason.

The Subscriber will actively work together with Amenitiz Solutions in order to get his/her data back easily.

Article 14: Applicable law and jurisdiction

These General Terms and Conditions are governed by French law.

In the event of dispute relating to the validity, the interpretation or the fulfilment of these General Terms and Conditions, and after the failure of an attempt to reach an amicable settlement to which the parties are bound to, these parties attribute legal jurisdiction to the appropriate Courts in Paris.