SWAT Business Consulting LLC’s Hotel Website Booking Engine Agreement
Acknowledgement and Acceptance of This Agreement
This Customer Agreement is between you ("you" or "your") as an authorized user of the Company Services, and SWAT Business Consulting LLC, (the "Company", “My Motel Manager” or "we"). For purposes of this Customer Agreement, "Services" is defined as any and all services provided by the Company to you either now or in the future and "Account" is defined as the account through which you access the Services. "Website" is the www.mymotelmanager.com website.
This Customer Agreement, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding the Services, and supersedes all prior agreements between the Company and you regarding the subject matter of this Agreement. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement. If you are using the Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer's behalf.
Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to the release of new Company software and Services. In the case of any violation of this Agreement, the Company reserves the right to seek all remedies available by law and in equity.
You agrees to retain the services of SWAT Business Consulting LLC (“My Motel Manager”) in accordance with the terms of this Agreement. These services include the development of a Hotel Website Booking Engine Link to be utilized by Hotel for the purpose of processing electronic reservations from Hotel’s Website.
Hotel Website Booking Engine Link Development
My Motel manager agrees to develop, host and maintain a Web Booking Engine Link on behalf of Hotel. Implementation will have features outlined in “Attachment A”. My Motel Manager agrees to grant Hotel continual access via the Internet to update rates and availability for Hotel’s room inventory. My Motel Manager agrees to maintain, license or develop online reservation technology to integrate into Web site for the purpose of booking rooms at Hotel.
Termination or Suspend
You may terminate your account at any time, with or without cause, upon notice. You can go to www.mymotelmanager.com/cancel and enter your user name and password. You then must validate the termination and precede with the termination procedures online. You will then receive an email confirming your termination. Your account will not be deemed terminated unless and until you receive the termination email. If you call Customer Service and speak directly with an agent, you can terminate your account. You will then receive an email confirming your termination. Your account will not be deemed terminated unless and until you receive the termination email.
My Motel Manager may terminate or suspend your Account at any time, with or without cause, upon notice. My Motel Manager reserves the right to do so without prior notice, provided that My Motel Manager will attempt to confirm such termination or suspension by subsequent notice. In addition, My Motel Manager reserves the right to suspend or terminate your Account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to My Motel Manager when My Motel Manager believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to My Motel Manager. My Motel Manager reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. Such termination does not relieve you of your obligation to pay for the Services. If your account is suspended or terminated and My Motel Manager later reactivates your account, My Motel Manager may charge you a re-activation fee of $25. My Motel Manager also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if My Motel Manager believes you or your information may create liability for My Motel Manager, compromise or disrupt the Services for you or others or cause My Motel Manager to lose (in whole or in part) the services of My Motel Manager's suppliers.
Modifications to Customer agreement
My Motel Manager may automatically amend this Agreement at any time by posting a revised Agreement on the Website, and if the amendments are material by sending information regarding the amendment to the email address you provide to My Motel Manager. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and My Motel Manager. My Motel Manager reserves the right to modify or discontinue any of the Services with or without notice to you and My Motel Manager shall not be liable to you or any third party should My Motel Manager exercise its right to do so.
Modifications to Service
My Motel Manager reserves the right to modify or discontinue any of the Services with or without notice to you. My Motel Manager shall not be liable to you or any third party should My Motel Manager exercise its right to modify or discontinue the Services.
Payment
You agree to pay all charges for your use of the Services at the prices then in effect. All charges will be exclusive of any applicable taxes, except as required by law. My Motel Manager reserves the right to change prices or institute new charges for access to or use of the Services. All changes will be posted by My Motel Manager on the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Your account balance is due monthly in the US Dollars and will be charged to any of the credit or debit cards you designated to My Motel Manager
Credit or Debit Card Payments
If the payment method for your account is by credit or debit card and payment is not received by My Motel Manager from the card issuer or its agents, you agree to pay all amounts due upon demand by My Motel Manager. Until the Services are terminated in accordance with My Motel Manager's cancellation and verification procedures, as may be established by My Motel Manager from time to time in its sole discretion, you agree and reaffirm that My Motel Manager is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that My Motel Manager may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that My Motel Manager may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
Fees
Your setup fee (also referred to as a sign-up fee or activation fee), monthly service fees, and/or usage fees are COMPLETELY NON-REFUNDABLE. You agree that My Motel Manager may submit charges for all applicable fees each month via your invoice, without further authorization from you, until the Services are terminated in accordance with My Motel Manager's cancellation and verification procedures, as may be established by My Motel Manager from time to time in its sole discretion. Such termination will not affect charges submitted before My Motel Manager reasonably could act on your notice. Charges which apply in arrears will apply for the entire current billing period in which you terminate. If you have any question regarding any charges that have been applied to your account, you must contact My Motel Manager's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by My Motel Manager in accordance with this Agreement.
Pay Per Reservation plan, Charges will calculated on total amount of reservation made including any extra charges or any taxes. You agree that My Motel Manager may submit plan charges for each reservation made as and when such charges are incurred or by accumulating such charges (in the sole discretion of My Motel Manager), without further authorization from you, until you provide prior notice (in accordance with Company's cancellation and verification procedures, as may be established by My Motel Manager from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before My Motel Manager reasonably could act on your notice.
There is an annual maintenance fee of $9.99 for the Hotel Website Booking Engine Link for a minimum term of One year. Also Payment for first year is due and payable in full before commencement of development of Hotel Website Booking Engine Link. All other payment as per Signup plan is due on first of every Month.
Annual Pricing Terms and Additional fees
If you subscribed for the Services for a fixed number of months (e.g., an annual plan or multi-month plan), your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your pre-paid fee for the designated period immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with My Motel Manager's cancellation and verification procedures, as may be established by My Motel Manager from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before My Motel Manager reasonably could act on your notice.
Free Trial Periods
If you subscribed for the Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee may be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless the Services are terminated in accordance with My Motel Manager's cancellation and verification procedures, as may be established by My Motel Manager from time to time in its sole discretion. Such termination will not affect charges submitted before My Motel Manager reasonably could act on your notice. Any usage in excess of any free Reservations, will apply and will be immediately charged to your designated credit card, without further authorization from you.
Indemnification
Hotel will indemnify and hold My Motel Manager harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) incurred or awarded against My Motel Manager arising out of or relating to the provision of the My Motel Manager software and related services hereunder.
Limitation of Liability
The total liability of My Motel Manager for all claims, whether in contract, tort, or otherwise, arising out of, connected with, or resulting from the products or services provided under this agreement shall not exceed the aggregate amounts paid by hotel to My Motel Manager under this agreement. In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages under this agreement, including, without limitation, damages for lost profits, lost revenue, or lost savings, incurred by either party or any third (3rd) party, even if the party has been advised of the possibility of such damages.
Confidentiality
The parties shall each preserve in strictest confidence all of the other party’s Confidential Information (as defined herein) and shall at all times protect the other’s Confidential Information through the highest commercially reasonable standard of care. Neither party shall use or disclose to any person the other’s Confidential Information, except upon the other’s authorization, and except for use in accordance with this Agreement. Any disclosure of the other’s Confidential Information to a party’s employees, subcontractors, or agents shall be made only in the normal course of business, on a need-to-know basis within the scope and purpose of this Agreement. Notwithstanding the foregoing, either party may disclose the other party’s Confidential Information when such party is required by law to do so, provided such party takes all reasonable steps to limit the disclosure of the Confidential Information to the maximum level allowed, and further provided the other party is given a reasonable opportunity to contest the disclosure and/or obtain a protective order. As used herein, “Confidential Information” means: (i) the terms and conditions of this Agreement; (ii) all information relating to the either party’s business including but not limited to any
information relating to either party’s customers, product plans, product prices, marketing plans, guests, employees, business opportunities or personnel; (iii) all information disclosed to (whether such disclosure is intentional or not) or learned by a party; provided, however, Confidential Information will not include information which (w) is generally available in the public domain through no action or inaction of the receiving party; (x) was already in the possession of the receiving Party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure; (y) is obtained by the receiving party from an independent third (3rd) party that is under no obligation of confidentiality to a party regarding the information; or (z) is independently developed by the receiving party without use of or reference to materials provided by the disclosing party.
Force Majeure
Neither party shall be liable for any delay in or failure of performance (excluding failure to make payments required by this Agreement) resulting from any cause or condition beyond its reasonable control, whether foreseeable or not.
Intellectual Property
Property of My Motel Manager: All techniques, algorithms and methods or rights thereto owned by or licensed to My Motel Manager and employed by My Motel Manager in connection with the Hotel Website Booking Engine Link and Related Programs (“My Motel Manager Materials”) shall be and remain the property of My Motel Manager or its licensors. Property of The Hotel: Nothing herein shall be construed to grant any right or license to My Motel Manager in or to any content or other material provided to My Motel Manager hereunder by The Hotel, other than the right to use such material on behalf of The Hotel
to promote The Hotel on the Internet and in other electronic media. All of the foregoing materials, including, but not limited to, any and all copyrights, trademarks, service marks, and trade names related thereto, are and shall remain the property of the Hotel.
Miscellaneous
This Agreement shall be interpreted in accordance with the laws of the State of Texas and any legal proceeding arising out of this Agreement will occur in Fort Bend County, Texas, and Hotel hereby agrees to and submits to personal jurisdiction in Texas and in Fort Bend County. In the event of a change of hotel ownership and/or managements, the terms of this Agreement will remain in effect.
Survival
Notwithstanding the expiration or termination of this Agreement for any reason, the rights and duties of the parties under those sections which by their nature should survive, shall survive such expiration or termination and remain in full force and effect.
SWAT Business Consulting LLC
My Motel Manager
PO Box 1263
Richmond, TX 77406
Attachment A: Hotel Website Booking Engine Link Features
- Integrates directly with Hotel’s Website
- Update rates and availability from any web browser via the mymotelmanager.com
- Reservations notifications to both fax and email
- View current reservations
- Search reservation and customer data
- Unlimited Room Types
Revised: 1/10/2011
Copyright © 2011, All Rights Reserved.
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