Terms and Conditions for using Anytime Booking (“Terms and Conditions”)

We are Negys Limited, a UK registered company (number 7588838), trading as “Anytime Booking”. Our registered office is at First Floor, 19 Coinagehall Street, Helston, Cornwall, TR13 8ER.

These Terms and Conditions apply to any Client that registers an Account with us for our Products and Services, according to the Package subscribed to by the Licensee.

1 INTERPRETATION

1.1. Definitions

• In these Terms and Conditions:-
  “Account” means your account with Anytime Booking through which you are licensed to use the Product and Services in return for paying a monthly subscription under these Terms and Conditions;
• “Availability Calendar” means a calendar facility built by us capable of showing the availability of a Unit, or Units, for use on your website;
• Negys Limited is referred to as “we”, “us”, “our”, “Licensor” or “Anytime Booking”;
• The person contracting to use our Product and Services under these Terms and Conditions is referred to as the “Client”, “Licensee”, “you”, “your” or “yours”;
• A “Booking” means a reservation placed by a Customer in respect of a Unit , details of which are stored in our Product;
• A “Customer” means a customer of yours who makes a Booking with you;
• “Financial Year” means an accounting year starting on 1^st April and ending on 31^st March;
• “Our Website” means our website at www.anytimebooking.eu and any other sub-domains;
• “Package” is defined by the Package option you have subscribed to, as defined in the Addendum to these Terms and Conditions, which details which of the Products and Services described below are available to you;
• “Product” refers to the online management and booking system and the Website Widgets hosted on Anytime Booking’s servers, and any other software licensed to you by us (the availability of which is dependent upon the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions) under non-transferable, non-exclusive licence subject to these Terms and Conditions;
• “Search Widget” refers to a horizontal or vertical search facility built by us, for use on Your Website;
• “Services” means the online booking configuration, account set-up and ongoing Support services provided to you by Anytime Booking (the availability of which is dependent upon the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions) in accordance with these Terms and Conditions including, but not limited to:-
  •   Making Website Widgets available to you on Your Website to enable Customers to place Bookings with you using the internet;
  •   Supporting you with the initial set-up and providing training and assistance to enable you to configure your accommodation and to become familiar with the way the Product works;
  •   Providing you with access to your own secure Account pages to permit you to obtain and edit information about your business and the status, pricing and availability of any Units;
  •   Providing you with on-going Support in respect of the Product and your Account;
• “Support” means advice and/or assistance given by telephone, computer link or email (or similar methods of communications such as direct messaging or via help-desk software) as shall be necessary to resolve difficulties or queries that you may experience in the operation and use of the Product;
• “Unit” means any property owned, managed or advertised by you which has been registered by you with Anytime Booking;
• “Website Developer” means the technical contact of the person and / or company who is building and / or maintaining Your Website;
• “Website Widgets” refers to Search Widgets and / or Availability Calendars placed on Your Website.
• “Year” means any calendar year running from the date you register your first Unit with Anytime Booking to the day before the anniversary of that date;
• “Your Website” means the domain and contents of the website you own for the purposes of marketing and advertising your Units to your Customers;

1.2. A “person” includes a natural person and any corporate or unincorporated body (whether or not having separate legal personality);

1.3. Words in the singular shall include the plural and vice versa;

2 FEES and CONTRACT

2.1. By signing up (“Sign-up”) to use our Services you hereby agree to the minimum contract period (“Minimum Period”), dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions, from the date of Go Live.  The date of Sign-up is denoted by the date that you agreed to and/or signed our proposal. After completion of the minimum contract period we require a notice period (“Notice Period”), dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions, for any termination of this contract, during which time you continue to pay your usual subscription. In addition if a data migration / transfer is required we will factor in subscriptions for any additional time, if needed, and associated fees for any assistance we are required to give at standard consultancy rates.

2.2. We may charge you a one-off set-up fee (the “Set-Up Fee”) with the aim of assisting you to correctly configure the Product for your use, dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions. This may include the styling of your customer-facing booking form, customer login area and a custom URL for your booking page; one Search Widget or single Unit Availability Calendar, 1-on-1 training and help with configuring your account. The Set-Up Fee is supported by dedicated project management and technical assistance provided by us. The Set-Up Fee is typically charged when we advise you that your Anytime Booking account is correctly set up and ready for the technical development stage, and in any event in advance of your using the system in a live environment for the first time (“Go Live”).

2.3. The subscription fee for each calendar month (“Subscription Fee” or “Monthly Subscription Fee”) commences on the Go Live date or 12 weeks from Sign-up Date, whichever is sooner, (or one month from sign up fate in the case of the “Lite” Package) and is charged in advance. On the date of Go Live you will be charged the Monthly Subscription Fee pro rata to the end of the first calendar month.  Thereafter a repeating invoice will be then be set up for the full Monthly Subscription Fee to be payable on or around the 1st day of every month.  The Monthly Subscription Fee is partially based on a sliding scale based on the number of Units that you have registered within the Product in any given month as well as on the Package you have choosen to use and any additional modules or add-ons. Fees and charges for the Monthly Subscription Fee are set out via written communication (email included) prior to the Go Live date and are subsequently detailed in our repeating invoices to you.

2.4. All our fees and charges are exclusive of Value Added Tax which shall, where applicable, be payable to us in addition by you at the standard current rate from time to time.

2.5. Any additional Units for which are added to the Product during the Year will be charged on a pro rata basis in the month following their addition. The number of units that can be added is dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions. Similarly where Units are removed on a permanent (i.e. non-seasonal) basis, the monthly billing will be reduced pro rata in the month following their removal.

2.6. We reserve the right to change any of our fees and charges at any time upon giving you a minimum of 30 days’ notice in writing (such notice may be by e-mail).  At the beginning of each Financial Year all of our Subscription Fees are subject to an inflationary price rise.  By continuing to use the Product and our Services, you shall be deemed to have accepted and agreed to such changes which will become due in the next invoice following the end of the notice period.  If you have already paid any applicable fees or charges in advance, such changes shall not apply to our agreement with you until the expiry of the applicable period of Product and Services that you have paid for in advance. If we give you notice that we intend to increase our fees and charges you may terminate your contract with us by giving us notice of termination no later than 30 days after the date you receive our notice of the increase. If you give us such notice to terminate, your contract with us will terminate on the date we have notified you that the price increase is due to take place.

2.7. We offer telephone, email and in-app Support during the lifetime of your account (according to the Package you have selected), as detailed here:

• You understand that Support does not include the diagnosis or correction of any fault that results from improper use or neglect or the use of other hardware than has been specified, or a repair, adjustment, modification or merger of the Product by any person other than Anytime Booking without our explicit consent.
• We offer unlimited Support via email ([email protected]), telephone and in-app between the hours of 0900 and 1700, between Mondays and Fridays excluding Bank Holidays (“Office Hours”) plus limited email and in-app support outside of Office Hours.
• For the purposes of Anytime Booking providing the Support Services:
  • you will provide us with a list of contacts through which Anytime Booking will co-ordinate Support activities for you. Only those contacts have authority to request Support under these Terms and Conditions;
  • you will make reasonable efforts to ensure your staff are trained in the use of the Product (additional training required may be purchased from us at our standard rates);
  • you will promptly inform us of any issues with the Product, and understand and accept that it will be necessary for you to promptly supply detailed information to us in order to enable us to perform our Support obligations; and
  • you accept that all computers, connections to the internet, routers or any telephone lines that you use in the course of operating our Product (“Your Equipment), as well as the act of backing up Your Equipment, and updating Your Equipment with appropriate virus and malware protection remain your sole responsibility.
• During Office Hours we will provide you with such advice by telephone or email as shall be necessary to resolve your difficulties and queries in the operation and use of the Product.
• We do not guarantee resolution times, and a resolution may consist of a software fix, procedural fix or workaround or any other solution that we deem reasonably necessary, at our discretion.

If you require further training or Support outside of those envisaged in these Terms and Conditions (or as otherwise agreed in writing), we reserve the right to charge for this at our standard hourly consultancy rates as and when required. Please note that we only provide training and Support in relation to our Product and our Services; we do not provide general IT training and support.

2.8. As part of your setup we will supply widgets for use in Your Website, dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions. Any additional technical services such as multi-unit calendars, pitch maps, implementation of other Website Widgets on your behalf, or restyling of the booking pages (e.g. if you redesign your website) will incur additional developer costs.  Additional technical services or consultancy will be provided under a professional services agreement (“Professional Service Agreement”) which will describe the work involved, associated costs and related terms for sign-off. Depending on the scale of the work involved payment may be required in full prior to completion.

2.9. Where, with your agreement, we are required to travel to your site in the performance of our work, costs for travel and accommodation (if any required) will be charged in addition to the standard consultancy rates for our visiting staff, to which time taken travelling to and from the site will be added.

2.10. Invoices are payable within 7 days from the date of invoice, and Subscription Fees are payable immediately upon invoice, or monthly in advance. We reserve the right to suspend your licence so use the Product and the Service in the event of any Subscription Fee is more than 28 days late in being paid, or any other invoice is over 28 days late in being paid. Reconnection cannot then take place before ALL outstanding amounts are paid in full, and our reconnection fee of £50 plus VAT is paid.

2.11 The Set-up Fee, Subscription Fee and the entire contents of this Agreement are commercially sensitive and should be treated as confidential information, which may not be published in the public domain. 

3 SYSTEM DEVELOPMENT

3.1. We develop the Product on an on-going basis to continually improve the system. We use reasonable skill and care to avoid any unexpected errors or system downtime arising in connection with such development.

3.2. In the event we agree to carry out any development work to meet any development requests made by you, we shall be entitled to charge you for such work in accordance with our standard hourly rate(s) at that time for development work as and when required, under the terms of the Professional Service Agreement.

3.3. You agree that we will own all copyright and other intellectual property in and to any changes made to our Product arising out of any development request made by you.

4 WEBSITES

4.1. YOUR WEBSITE

4.1.1. We will supply WebsiteWidgets in their raw (un-styled) format to you or your Website Developer free of charge as part of your Subscription Fee, dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions.  You or your Website Developer are able to override the style sheets associated with this Search Widget or single Unit Availability Calendar to match the brand of your company. Your Website Developer may charge you for their time in doing this task. If you do not have a Website Developer, or your Website Developer is unavailable or unable to do this task, please contact us and we will provide a quotation for the works.

4.1.2. If you notice a fault with anything relating to any of your Website Widgets please contact [email protected] and we will advise you on any necessary actions and whether it needs to be referred back to your Website Developer.

4.1.3. You are solely responsible for the content on Your Website, and to that extent you are responsible for testing and proof reading any work we provide for you that resides on Your Website.

4.1.4 Where we are supplying Your Website as an additional service (“Anytime Supplied Website”) we will quote for any one-off fees required for the work to be carried out and for the addition to your ongoing Subscription Fee prior to carrying out the work. Once the work has been completed you will confirm that you are happy with the Anytime Supplied Website before it goes live (“Website Sign Off”), and subsequently we will provide you with reasonable technology support on the Anytime Supplied Website. Where you require additional changes to the Anytime Supplied Website after your Website Sign Off, we will again quote for any works required and changes to your Subscription fee (if any required).

4.2. OUR WEBSITE

4.2.1. Anytime Booking may supply an “.anytimebooking” URL including your company name (“Vanity URL”), dependent on the Package you have subscribed to, as detailed in the Addendum to these Terms and Conditions.  e.g.

https://yourcompanyname.anytimebooking.eu/ or https://yourcompanyname.anytimebooking.io/

5 BOOKINGS

5.1. Customers will be entitled to use our online booking process via our Website Widgets on Your Website to place Bookings for your Units with you, subject to availability. You will then have the opportunity to accept such Booking and to conclude a contract with the Customer.

5.2. All Bookings made by the Customer with you form a contract between you and the Customer made in accordance with your terms and conditions (“Booking Contract”). Anytime Booking will never be a party to the Booking Contract between you and your Customer and we will not be responsible for either your performance or the Customer’s performance of that Booking Contract in any way.

5.3. You agree to indemnify us in full against all liability, loss, damages, fees, costs, fines, penalties and any other expenses whatsoever awarded against or incurred by us arising out of any claim or proceedings made by the Customer in respect of any breach by you of your Booking Contract with the Customer.

6 THE TERMS AND CONDITIONS OF YOUR BOOKING CONTRACT WITH THE CUSTOMER

6.1. You agree that no part of the terms and conditions of your Booking Contract with the Customer shall contradict any part of these Terms and Conditions and in particular, shall not impose any liability upon Anytime Booking whatsoever.

6.2. You agree that you will ensure that the terms and conditions of your Booking Contract with the Customer will not be unlawful and you will indemnify us fully against all liability, loss, damages, fees, costs, fines, penalties and any other expenses whatsoever awarded against or incurred by us arising out of any claim or proceedings by any person in respect of such terms and conditions.

6.3. You will exhibit your standard terms and conditions in respect of Booking Contracts between you and your Customer to us before using our Product and Services, and you agree to keep us fully informed at all times of any changes you make to such terms and conditions.

7 REGISTERED UNITS

You are only entitled to register Units with us that are owned, managed or advertised by you. You are not entitled to register Units with us that are not owned, managed or advertised by you. You agree that if any person asks you to register a Unit with us that is not owned, managed or advertised by you, you will decline to do so and will inform them that they should register directly with us.

8 USE OF THE ONLINE BOOKING AND MANAGEMENT SYSTEM

8.1. We own, or have licences to, the Product. You will be permitted to use the Product to place, accept, and manage Bookings, and your Customers may use the Product to search for availability and place Bookings with you but neither you nor your Customers you will not be permitted to use the Product for any other purposes.

8.2. The Product and all aspects of our Services are provided on an “as is” basis and we give no warranty that the Product or our Services are error free or are suitable for your purposes.

8.3. We own and retain ownership of all intellectual property rights in the Product and the Client shall not obtain or infer any intellectual property rights in and to the Product, Widgets or any part of Our Website by virtue of these Terms and Conditions.

8.4. You agree not to attempt to reverse engineer the Product, or to copy any software or code relating to the Product or Our Website, or permit or procure any other person to do so.

8.5. There are discreet links to www.anytimebooking.co.uk in the footer of all public-facing areas of the Product. These links are an integral part of the Product and you agree not to hide or remove such links.

8.6. By accepting these Terms and Conditions you agree for us to use your data anonymously for market research and industry insights and at all times to comply with the current relevant data protection and GDPR laws and regulations.

8.7. We will indemnify and hold you harmless from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by you as a result of or in connection with any action, demand or claim that your use or possession (in accordance with these Terms and Conditions) of any of the software or other deliverables that we provide in the course of the Services infringes the intellectual property rights of any third party.

9 APPLICATION PROGRAMMING INTERFACES & THIRD PARTY RELATIONSHIPS

9.1. We can provide technical support and assistance to enable your website to connect to our database using our application programming interface service (“API Service”). This enables you to draw content from our database and to display this on your website. We are entitled to charge you for the set-up and use of the API Service.

9.2. Anytime Booking can connect to other third-party travel marketing websites (such as Pitchup.com and Campsites.co.uk), Global Distribution Networks and other service providers for the transfer of booking information and/or availability sharing (“Connections”), however, Anytime Booking is not responsible for the safe transfer of data sent or received through any such connections.  A fee may be applicable for any such third party Connections, as will be advised to you at the time you commence using the Connections and as updated from time to time.

9.3. You must indemnify and hold harmless Anytime Booking and its officers against any loss damage liability expense cost or charge (including court costs and reasonable legal fees) arising from or incurred in connection with your use of the Product and its associated Services or in respect of the API Service or any Connections provided by us in any manner that breaches or is in contravention of this Agreement or any relevant law, regulation, or requirement of any relevant regulatory authority, and against the claims of your Customers or other third parties arising from or connected with your use of the Product, Services, the API Service or any Connections or your supply or failure to supply any goods or services except in each case to the extent such claims are attributable to the negligence or knowing or wilful misconduct of Anytime Booking and in that case provided that you must not settle any claim without our prior written approval which will not be unreasonably withheld.

10 THE CLIENT’S ACCOUNT

10.1. You are solely responsible for the accuracy of the data entered into your Anytime Booking account.  If we have performed data entry on your behalf by mutual agreement, you are also responsible for the checking the accuracy of this data.

10.2. You are responsible for maintaining the secrecy of your password details, and you agree not to attempt to breach any security or privacy mechanisms associated with the Product or any part of your Account pages or our Website nor to permit or procure any other person to do so.

10.3. You agree to only enter Customer card details in designated card fields and not in any free text fields within your account.

10.4. You agree not to use any part of Our Website to post or transmit any content, which is unlawful, threatening, libellous, defamatory, obscene or pornographic.

10.5. We reserve the right in our absolute discretion to remove or edit content or materials on Our Website, including on your Account pages and we will not be liable to you if we do so, provided that this does not materially change the nature or quality of the Services.

11 SUSPENSION/TERMINATION OF THE SERVICES

11.1. We will be entitled to suspend provision of our Product and/or Services, including your access to your Account pages at any time in the event that:-

• 11.1.1. you fail to pay any sum due to us under these Terms and Conditions;
• 11.1.2. you are in breach of any part of these Terms and Conditions;
• 11.1.3. you abuse our Services in any way, or bring them into disrepute; or
• 11.1.4. if it is necessary to maintain the security of the Services or necessary to maintain our ability to provide services to our clients as a whole, for example if internet traffic relating to your Properties or your Account threatens to overload our system.

11.2. If such circumstances as outlined in clause 11.1 continue for a period of thirty (30) days we will be entitled to terminate our agreement with you and suspend indefinitely your use of the Services and Product. If termination is due to fault on your part (for example, your failure to pay or any other breach of these Terms and Conditions), the annualised Subscription Fee including any arrears will become payable in full and any part of it already paid to us by you will not be refundable. If termination is due to circumstances which are not your fault (for example if we are forced to terminate our agreement with you owing to technical reasons which are not your fault) we will refund any unused portions of the annualised Subscription Fee which have been paid in advance.

11.3. We will also be entitled to terminate our agreement with you and to terminate your use of the Product and your access to your Account with immediate effect in the event that you become bankrupt or are sequestrated or, if the Client is a limited company, any step is taken to appoint an administrator or to wind up or dissolve the Client or to appoint a liquidator, receiver, administrative receiver or similar officer in respect of the Client or any part of its undertaking or assets, except where such officer is appointed in the course of assisting with a solvent company restructuring.

11.4 Upon termination any website we have provided will also be cease to be supplied by us co-terminously.

12 RELEASE AND EXIT SERVICE

12.1. Anytime Booking may delete all stored data and documentation of the Client’s account if any of the following events occur: (i) the Licensor is declared bankrupt, dissolved or liquidated; (ii) the Licensor ceases to carry on its business; (iii) The business of Licensor is transferred entirely or partly to a third party who is not willing and/or only under unreasonable commercial terms willing to continue to perform the Service with regard to the Product (“Release”).

12.2. In the event of a Release, Anytime Booking will hold all data on its servers for a period of 6 months to allow reasonable time for the Licensee to find an alternative provider for the Product and any website we have provided, which would terminate co-terminously.

13 USE OF PERSONAL DATA

Both the Client and Anytime Booking will comply with the Data Protection Act 1998 and the General Data Protection Regulation 2016/679 in so far as it applies to either of us. You agree that we act as your Data Processor in respect of any personal data relating to the Customer, albeit that we are not responsible for the correct transcription of that personal data into the Product and any actions you choose to make with that personal data, both of which remain your responsibility. We will only use the personal data that is provided to us by you or by the Customer in accordance with your instructions. We will not share or use the personal data provided by you or by the Customer for any other purposes. We will take appropriate technical and organisational measures to prevent unauthorised or unlawful use of such personal data and against accidental loss or destruction or, or damage to, personal data. We will not transfer such personal data to a country or territory outside the United Kingdom or the European Economic Area without your prior written consent.

14 OWNERSHIP OF DATA

You will own any data held in the Anytime Booking database that is associated with your Account. You may download such data at any time from the database associated with your Account. To the extent that we have or acquire any rights in that data we hold them on trust for you and will execute any documents and do anything else reasonable necessary to ensure that those rights vest in you.

15 SYSTEM AVAILABILITY AND SECURITY

15.1. We will use our reasonable endeavours to make the Product, your Account and Our Website (the “Solution”) achieve an availability of 99.5% each month during the term where:

M – U
_____

M x 100

M means the number of minutes in the month

U means the number of minutes when any material part of the Solution is not available and functioning correctly, except for any unavailability due to agreed maintenance.

We will not be liable if for any reason the Online Booking and Management System, your Account or our Website is not available at any time over the remaining 0.5% of the month.

15.2 Our entire liability to you in respect of any loss or damage arising from any breach of our contractual obligations under these Terms and Conditions or for any representation, statement, tortious or delictual act including negligence shall be limited to the aggregate value of all fees paid by you to us in the immediately preceding period of twelve (12) months.

15.3. We shall not be liable for any delay, loss or damage caused due to circumstances beyond our reasonable control including, without limitation, power cuts or outages, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.

16 EMAIL

16.1. The Product provides a facility to send transactional emails to Customers. The Product should not be used to send marketing or bulk emails to Customers, you may instead use the email marketing Module for mass email and adhere to industry standards when email marketing. Clients found to be abusing our email system will be prevented from sending email from the Product.

16.2. If a Customer specifically requests that you do not send them future emails (unsubscribes) their email address should be immediately removed from your Account.

16.3. The Product provides an option to enter your own privacy policy which will be linked from all relevant public-facing pages hosted by us. It is important that you complete this information. We also highly recommend that you include a privacy policy on Your Website.

17 GENERAL

17.1. If any provision of these Terms and Conditions is held by any court or other competent body to be invalid or unenforceable in law then the provision in question shall be omitted or amended in such a way as to be enforceable while giving effect to the intention of the provision and the other provisions shall not be affected.

17.2. Neither party shall be liable for any indirect, special or consequential loss whatsoever and howsoever suffered by the other. Nothing in these Terms and Conditions shall limit either party’s liability for any liability which cannot be excluded by law, for example for death or personal injury caused by that party’s negligence.

17.3. These Terms and Conditions are personal to you and are non-transferrable by you without our consent. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms and Conditions.

17.4. Nothing in these Terms and Conditions is intended to, or shall operate to, create a partnership between us and you. Neither Anytime Booking nor the Client shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

17.5. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

17.6. We reserve the right to amend any part of these Terms and Conditions from time to time upon giving you written notice in writing (such notice may be by email). By continuing to use the Product and our Services, you shall be deemed to have accepted and agreed to such changes to our agreement with you. You will have the opportunity to see any changes in these Terms and Conditions at any time by referring to them in the administration area of the Product.

17.7. You agree to indemnify and hold harmless Anytime Booking and their respective past, present and future officers, directors, employees or agents from and against any and all claims, suits or actions asserted against any or all of them to the extent that it is caused or contributed to by any negligent or wilful act or omission of you or your present or future employees, officers, directors, members or agents.

17.8. These Terms and Conditions and any dispute arising under or in connection with them (including non-contractual disputes) will be governed by and construed in accordance with the laws of England and Wales, and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions.

Addendum – Definition of Products and Services available by Licensee Package subscribed

*Gateways: Stripe, Opayo, Paypal & Worldpay.

**iCals for all partners except Campsites.co.uk who may offer their two-way API

***£ price as stated in your sales quotation

****Additional units are charged according to the unit type and prices at the time of change.  Likewise with unit reductions.

END OF TERMS AND CONDITIONS