HostelSystem sp. z o.o., here referred to as HostelSystem, is an IT enabled company providing services and solutions for the Hospitality & Travel Industry. HostelSystem, HostelSystemOnline are the names of the software owned by HostelSystem.
These license terms are an agreement between HostelSystem and User. Please read them. They apply to any software and its version, updates, supplements, Internet-based services, Offline components, and support services (if any) provided by HostelSystem unless other terms accompany those items. If so, those terms apply. By subscribing and/or using the service, User accepts these terms. If User does not accept them, shall not not use the service. If User is entering into this agreement on behalf of a company, then User represents that she/he has the authority to make purchase decisions for the company and all references to you shall refer to your company. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
HostelSystemOnline is a Web based Property Management System designed especially for hostels, apartments, small to mid size hotels, motels and other properties of this kind.
HostelSystem reserves the right to change these terms at any time, effective upon the posting of modified ters, and HostelSystem will make every effort to communicate these changes to you via email or notification via the Website. It is likely that Terms of Service will change over time. It is user’s obligation to ensure that one has read, understood and agree to the most recent terms available on the Website.
“Confidential Information” encompasses all information of legal, commercial, technical, administrative and other nature, pertaining to the HostelSystem, its shareholders and their subsidiaries and affiliates, obtained in a written, oral or electronic form, disclosed to the User in connection with entering into and performing the Services, irrespective of whether it was made available to the User by the HostelSystem or obtained by the User in a different manner. Confidential Information shall be in particular information about entering into the Terms of Service, its content, object and scope, as well as information about performing the Terms of Service;
“Data” means any data inputted by User into the Software;
“Intellectual Property Right” means any industrial or intellectual property rights, including without limitation:
“License fee” means the monthly fee (excluding taxes and duties) payable by User in accordance with the license fee schedule se on the Website (which HostelSystem may change from time to time on notice to you);
“Property” means any hostels, apartments, small to mid size hotels, motels and other properties of this kind;
“User” means the entity which formally runs the Property for which the Service is going to be used;
”Confidential Information” includes all the information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party;
„Billing Contact“ means contact details as inserted by the User while subscribing to the Service which include the name of the User, registered office and tax identification;
„License“ the rights to use the Services under conditions described in point 6 hereinafter;
„Service“ means HostelSystemOnline, a Web based Property Management System designed especially for hostels, apartments, small to mid size hotels, motels and other properties of this kind which includes any software and its version, updates, supplements, Internet-based services, offline components, and support services (if any);
„Terms of Service“ means this general terms and conditions governing the conditions under which the Service can be used be the User;
„Website“ means www.hostelsystem.com or www.hostelsystemonline.com.
If you comply with this agreement, you have the right to use the Service. You must only use the Service for your own lawful business purposes, in accordance with the Terms and any notice sent by HostelSystem or condition posted on the HostelSystem website.
The service will stop running, if a license is not purchased. Once Service is stopped User will not have the access to any data, nor functionality, and HostelSystem does not have the obligation to protect or maintain User’s Data. HostelSystem reserves the right to remove all User’s Data and details from its server in case of lack of the valid license.
HostelSystem comes with a free 30-day trial license that gets activated the first time you start it or subscribe to it. If you wish to continue using Service after the trial period is over, you must purchase a license. You can do this by visiting www.hostelsystem.com or www.hostelsystemonline.com where you may purchase a license.
An invoice for the License Fee will be issued to the Billing Contact every 3 months. HostelSystem will continue invoicing you until this Agreement is terminated. All HostelSystem invoices will be generated electronically and reach by email, payable within 7 days of the invoice date to which you agree, upon acceptance of this Terms of Service. It is your obligation to pay the license within the due date. In case of the payment by bank transfer/wire, the license is paid once the License Fee is registered on HostelSystem bank account. HostelSystem is not obligated to provide you with any other notice. In case of late payment, HostelSystem mantains 24 business hours to provide User the access to enabled Service.
The Service is available for the number of Properties defined by the user in the subscription while entering into this Terms of Service.
User decides who can access User’s Service, as well as, User’s Data. Therefore, User ensures that the access to the Service is provided only to select authorized persons, involved in User’s organization. By accepting these Terms of Service User certifies that he/she understand that User takes responsibility for the actions of people (in scope of Service usage), who were authorized to access the Service. User certifies that he/she understands that people accessing User’s Service receive the access to User’s sensitive data, which is in User’s possession, and which protecting is User’s responsibility.
If User gives feedback about the software to HostelSystem, User gives to HostelSystem, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. User also gives to third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts of a HostelSystem software and service that includes the feedback. User will not give feedback that is subject to a license that requires HostelSystem to license its software or documentation to third parties because we include his/her feedback in them. These rights survive this agreement.
The Service is licensed, not sold. The Service is protected by copyright and other intellectual property laws and treaties. This agreement only gives User some rights to use the Service. HostelSystem reserves all other rights. Unless applicable law gives User more rights despite this limitation, User may use the software only as expressly permitted in this agreement in specific User may view and browse the Service, enter and store Service’s data in User’s computer RAM memory and use the software solely for the purpose of running User’s entity. In doing so, User must comply with technical limitations in the software that only allow User to use it in certain ways. User may not:
The support provided with the Service is described in License schedule on HostelSystem website, and may differ depending on the License purchased by User.
In the case of technical problems User must make all reasonable efforts to investigate and diagnose problems before contacting HostelSystem. If User still needs technical help, User checks the support provided online by HostelSystem or failing that emails HostelSystem at firstname.lastname@example.org.
Whilst HostelSystem intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
If for any reason HostelSystem has to interrupt the Service for longer periods than HostelSystem would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website.
Presenting the Property means creating a profile including Property’s descriptions (multiple languages), location, directions, pictures, social networks accounts, public links and all other information which are available publicly, especially via websites such as Hostelworld, Hostelbookers, Booking.com, Property’s website, Facebook, Twitter, Google account, Flickr, and similar. HostelSystem holds the right to copy the information from such sources or link the content to the external, public sources of information about the Property.
Once Property’s profile is created on aforementioned websites, HostelSystem is obligated to inform User about such fact, as well as, provide him with instructions, and necessary tools to manage and edit the profile. From the moment of the information User is responsible for maintaining the information up to date.
User maintain the right to refuse User’s profile being created and presented by HostelSystem. Respective refusal must be sent to HostelSystem via email.
The Service is licensed “as-is”. You bear the risk of using it . HostelSystem gives no warranties, guarantees or conditions. Without limiting the foregoing, HostelSystem does not warrant that the Service will meet your requirements or that it will be suitable for User’s purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
HostelSystem’s liability under this agreement is limited. You can recover from HostelSystem and its suppliers only direct damages up to fees paid by user in the previous ONE month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies especially to:
It also applies even if HostelSystem knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
HostelSystem shall not be liable or responsible for the a) business decisions made on the basis of the information available or stored in the software, b) any damage or loss to your data protection and software which you use to access the software, c) damage or loss whatsoever suffered by you arising form or in any way connected with using or misuse of anti-virus tools d) entering into software untrue or false data or malfunction of the hardware, software or your Internet connection.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
This does not apply to disclosure of Confidential Information in the following circumstances:
a) When the requirement to disclose arises from legal provisions, enforceable court judgement or a decision of another entitled authority. In such case, the User shall immediately notify the HostelSystem thereof in writing (before Confidential Information is disclosed);
b) In connection with a dispute, discrepancy or court proceedings between the Parties encompassing Confidential Information – with the understanding that the User shall take appropriate measures to restrict the scope of disclosure of Confidential Information to purposes of such proceedings;
c) Information, which has become public domain without the Contractor’s involvement.
User can terminate the Agreement any time by sending the statement to email@example.com. The termination is effective at the last day of the month when the termination was received by HostelSystem. There will be no refund for the remaining prepaid period of the month when the termination was announced. For the remaining prepaid period after the month when the termination was announced HostelSystem will refund the License Fee with the deduction of the money transfer fees.
HostelSystem may terminate the contract and suspend for any definite or indefinite period of time User’s Access to the Service, if User:
This agreement describes certain legal rights. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Poland. Polish state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
This agreement and any amendments to it, and the terms for supplements, updates, Internet-based services and support services are the entire agreement for the software and support services.
HostelSystem sp. z o.o.
ul. Dolnej Wsi 5
44 – 100 Gliwice