Terms and Conditions for using Anytime Booking
We are Negys Limited, a Cornish 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 us to provide our web-booking Services in respect of such an Account.
1.1. In these Terms and Conditions :-
• “Account” means your account with Anytime Booking;
• Negys Limited is referred to as “we”, “us”, “our” or “Anytime Booking”;
• The person contracting to use our Services under these Terms and Conditions is referred to as the “Client”, “you” or “your”;
• A “Customer” means a customer of the Client who makes a Booking with the Client using our Service;
• A “Booking” means a reservation in respect of a unit placed by a Customer using our Online Booking and Management System;
• “Services” means the online booking, account set-up and support services provided by Anytime Booking to the Client in accordance with the Product purchased by you and on these Terms and Conditions including, but not limited to:-
• Making the Online Booking and Management System available to you via a window appearing on your website to enable Customers to place Bookings with you using the internet;
• Providing up to three hours of initial set-up, training and assistance free of charge to enable you to setup your accommodation and to become familiar with the way the Web-Booking and Management System works, all within a 30 day no-obligation trial period. Fees for training outside of this provision may become applicable;
• Providing you with access to your own secure Account pages to permit you to obtain and edit information about the status of any units;
• Providing you with on-going support in respect of the Online Booking and Management System and your Account;
• “Units” means any property owned, managed or advertised by you which has been registered by you with Anytime Booking;
• “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;
• “Online Booking and Management System” means the Anytime Booking online booking and Management System, hosted on Anytime Booking’s server and made available to the Client;
• “Website” means our website at www.anytimebooking.eu and any other sub-domains;
• “Your Website” means the domain and contents of any website you own, such as any other sub-domains;
• “Website Developer” means the technical contact of the person and / or company who is building and / or maintaining Your Website;
• “Website Widgets” refer to Search Widgets and / or Availability Calendars placed on Your Website.
• Words in the singular shall include the plural and vice versa;
1.2. A “person” includes a natural person and any corporate or unincorporated body (whether or not having separate legal personality);
2. FEES and CONTRACT
2.1. We ask that you sign up for a minimum contract period of 12 months.
2.2 In special and pre-agreed circumstances, and not as standard, we will charge you a one-time Set-Up Fee in accordance with your requirements for any assistance, upon the registration of your first Unit(s) (the “Set-Up Fee”). The Set-Up Fee is based on the number of project management and technical assistance hours you require, if any.
2.3. We will charge you a Monthly Licence Fee (the “Monthly Licence Fee”) for our Services on a sliding scale based on the number of Units that you register with us in any Year and on the Product you choose to buy from us. Fees and charges for the Monthly Licence Fee are set out via written communication.
2.4. All our fees and charges are exclusive of Value Added Tax which shall, where applicable, be payable in addition to us by you at the standard current rate from time to time.
2.5. Any additional Units which are added during the year will be charged on a pro rata basis.
2.6. We reserve the right to change any of our fees and charges at any time upon giving you 60 days’ notice in writing (such notice may be by e-mail). 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 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 that our notice of price increases expires.
2.7. We will provide you with 24/7 technical email support. General system support and hours allocated are outlined in the Service Contract. This is in addition to the initial training and assistance we provide to you on initial set-up. If you require further training or support, we will charge for this at our standard hourly consultancy rate as and when required. Please note that Anytime Booking only provides training and support in relation to our Online Booking and Management System and our Services; we do not provide general IT training and support.
2.8 As part of your licence fee we will supply one vertical or horizontal search widget (section 4.1.1) Any additional technical services such as upgrading to a vanity URL, website styling, map integration or any other additional pages will incur additional costs as outlined at: http://kb.anytimebooking.co.uk/technical-services/.
You will need to complete a Technical Services Agreement form (contact firstname.lastname@example.org) prior to any work being carried out. Depending on the scale of the work involved payment may be required in full prior to completion.
Any additional services involving your website and our widgets but is outside of our standard service as outlined in this document will incur additional costs.
You agree that Fees shall not be refundable.
2.9 Invoices are payable within 14 days from the date of invoice, and licence fees are payable immediately upon invoice, or monthly in advance. We reserve the right to suspend service in the event of any licence monthly or annual fee is more than 28 days late in being paid, or any 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.
3. SYSTEM DEVELOPMENT
3.1. We develop the Online Booking and Management System on a regular and on-going basis to improve the system from time to time. 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) for development work as and when required.
3.3. You agree that we will own all copyright and other intellectual property in and to any changes made to our Online Booking and Management System arising out of any development request made by you.
- WEBSITES4.1 YOUR WEBSITE
4.1.1 We will supply one fully tested and ready to use Widget code (such as the Search Widget and Monthly Calendars) in its raw format to you or your Website Developer free of charge. You or your Website Developer are able to override the style sheets associated with this Widget 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 Your Website Widgets (Search Widget and Availability Calendars) please contact email@example.com 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 own website. Please see section 2.3 above for information related to our level of support we offer in integrating your website with ours.
4.2 OUR WEBSITE
4.2.1 Anytime Booking will supply a numeric subdomain such as 123456.anytimebooking.eu as standard. You may wish to upgrade this to include your company name such as https://companyname.anytimebooking.eu (fees may be applicable).
4.2.2 Anytime Booking is responsible for the pages associated with this URL such as https://companyname.anytimebooking.eu/place_booking/ and https://companyname.anytimebooking.eu/my_account/
5.1. Customers will be entitled to use our Online Booking and Management System appearing in a window 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 will be a contract between you and the Customer and will be made in accordance with your terms and conditions. Anytime Booking will never be a party to the contract between you and your Customer and we will not be responsible for either your performance or the Customer’s performance of that contract in any way.
5.3. You agree to indemnify us in full against all liability, loss, damages, 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 against us in respect of any breach by you of your contract with the Customer.
6. THE TERMS AND CONDITIONS OF YOUR CONTRACT WITH THE CUSTOMER
6.1. You agree that no part of the terms and conditions of your 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 contract with the Customer will not be unlawful and you will indemnify us fully against all liability, loss, damages, 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 contracts between you and your Customer to us before using our 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 Online Booking and Management System. Both you and your Customers will be permitted to use the Online Booking and Management System to place, accept, and manage Bookings, but you will not be permitted to use the Online Booking and Management System for any other purposes.
8.2. The Online Booking and Management System and all aspects of our Services are provided on an “as is” basis and we give no warranty that the Online Booking and Management System or our Services is error free or is suitable for your purposes.
8.3. The Client shall not obtain any intellectual property rights in and to the Online Booking and Management System or any part of our Website by virtue of these Terms and Conditions.
8.4. You agree not to attempt to reverse engineer the Online Booking and Management System, or to copy any software or code relating to the Web-Booking and Management System 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 Online Booking and Management System. These links are an integral part of the Online Booking and Management System 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.
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 the terms of this agreement) 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 websites (such as Pitchup.com) for the transfer of booking information and/or availability sharing, however, Anytime Booking is not responsible for the safe transfer of data received through any API’s.
10. THE CLIENT’S ACCOUNT
10.1. You are solely responsible for the accuracy of the data entered into your Anytime Booking account.
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 Online Booking and Management System 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 Services, including your use of the Online Booking and Management System or 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 continue for a period of thirty (30) days we will be entitled to terminate our agreement with you. 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 Annual (or monthly) Licence Fee 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 portions of the Annual Licence 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 Online Booking and Management System 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.
12. RELEASE AND EXIT SERVICE
12.1. Subject to the existence of a valid Service Contract at the time of occurrence, Anytime Booking may delete all stored data and documentations of the Licensee account if any of the following events occur: (i) Licensor is declared bankrupt, dissolved or liquidated; (ii) Licensor ceases to carry on its business; (iii) The business of licensor under the Service Contract agreement 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 maintenance and support with regard to the Product.
12.2. In the event of section 12.1 occurs, 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 SaaS provider.
13. USE OF PERSONAL DATA
Both the Client and Anytime Booking will comply with the Data Protection Act 1998 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. 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 Online Booking and Management System, your Account and our Website (the “Solution”) achieve an availability of 99.5% each month during the term where:
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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. However 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.
16.1. Anytime Booking provides a facility to send transactional emails to customers. Anytime Booking should not be used to send marketing or bulk emails to customers. (You can 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 Anytime Booking.
16.2. If a customer specifically requests that you don’t send them future emails (unsubscribes) their email address should be immediately removed from your Account.
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 Online Booking and Management system and our services, you shall be deemed to have accepted and agreed to such changes to our agreement with you. You will have opportunity to agree any changes in terms.
17.7. 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.