Terms & Conditions

S.C. HoteloPro S.R.L., hereinafter referred to as HoteloPro SRL, is a company that operates in the IT field and provides specialized services for the accommodation units’industry. HoteloPro SRL offers services to this industry by a software called HoteloPro, hereinafter referred to as HoteloPro Software.

We want to further develop the HoteloPro Software based on the users` feedback. These Terms and Conditions do not intend to answer each question or solve each problem resulting from the use of the HoteloPro Software. HoteloPro SRL reserves the right to modify these Terms and Conditions anytime and, afterward, HoteloPro SRL will make all the efforts to communicate these modifications by email or the website www.HoteloPro.com. For various reasons the Terms and Conditions will be probably modified in the future. It is your obligation to make sure that you have read, understood and agree with the most recent version of the Terms and Conditions available on the website of the HoteloPro Software. 

HoteloPro Software is an online management system specially developed for small and medium sized accommodation units. The Terms and Conditions explain not only the obligations that HoteloPro SRL has as a provider, but also your obligations as a client. Please read them carefully.

I. General

By subscribing (the agreement) to this service you agree to the following Terms and Conditions that govern your utilization of the online HoteloPro Software. If you give your consent on behalf of a company or you legally represent a firm, then you assume the authority to make a buying decision for the firm that you represent and all the decisions referring to that firm.  These Terms and Conditions are binding on any kind of user and any kind of utilization of the HoteloPro Software and are applied from the moment HoteloPro SRL provides access to the HoteloPro Software and to other resources that are owned by HoteloPro SRL or its partners. 

1. Third parties` rights
A person who is not part of these Terms and Conditions shall not benefit by any provisions of these Terms and Conditions. 

2. Transfer of rights
You may not surrender or transfer any rights to another person without the prior written consent of HoteloPro SRL. 

3. Separability
If any part or a particular provision of these Terms and Conditions is inapplicable or conflicts with the law, that part or provision is replaced with a directive that, where possible, fulfills the original purpose of that provision or directive. Otherwise, all parts of this agreement shall be binding on both parties.

4. Notifications
Under these Terms and Conditions, any notification, for either party, must be submitted in writing, by e-mail, to be considered accepted. The notifications for HoteloPro SRL shall be sent at contact[@]hotelopro.com and the notifications issued by HoteloPro SRL will be sent to you also by e-mail. The notifications to you will be sent to the e-mail address that you provided when configuring the access to the HoteloPro Software. 

5. Delays
Neither party will be liable for any delay or failure to meet its obligations under these Terms and Conditions if the delay or failure results due to a cause that is beyond its reasonable control. This clause does not apply to payment obligations and does not cancel Clause IV. C. 

6. Applicable law and jurisdiction
The Laws of the Republic of Romania will govern this agreement. Any possible disputes arising from this agreement shall be subject to the jurisdiction of the courts of Oradea, Romania. 

7. The entire agreement
These Terms and Conditions, together with the Privacy Policy of HoteloPro SRL and any other notices, instructions or data covered by the mentioned actions, shall prevail over and cancel all previous agreements, previous representations (whether oral or written) and prior agreements between you and HoteloPro SRL on HoteloPro Software.  If one party chooses not to comply with any part of these Terms and Conditions, this will not constitute an abnegation of any other obligation resulting from these Terms and Conditions. No waiver will be considered unless submitted in writing, according to this agreement.

8. Utilization of HoteloPro Software
HoteloPro SRL grants you the right to access and use the HoteloPro Software through the website, with a username, depending on the type of the chosen subscription. This right is non-exclusive and non-transferable, according to the present Terms and Conditions.

II. Definitions

1. You represent you personally, your employees, consultants, agents and your representatives. 

2. HoteloPro is the name of the software owned by the company HoteloPro SRL. HoteloPro SRL - is the name of the company that provides specialized solutions for the hotel industry with the help of HoteloPro Software. 

3. Website represents the site with the name of the Internet domain: www.hotelopro.com or any other website managed by HoteloPro SRL. 

4. Software is the online information system available through the website www.hotelopro.com (that may be updated/modified by HoteloPro SRL from time to time) 

5. Access fee represents a monthly fee (excluding any taxes) that you pay based on the chosen subscription among those presented on the website www.HoteloPro.com (the access fee may be modified by HoteloPro SRL from time to time, but you will be notified about this). 

6. Intellectual Property any patent, trademark, logo, design, copyright, moral rights, know-how and any other intellectual property rights, anywhere in the world, whether or not registered. 

7. Data any processed information inserted by you in the HoteloPro Software. 

8. Confidential information represent all the information exchanged between the parties, regarding this agreement, either electronically, in written or oral form, including HoteloPro Software and any non-public information that may be alienated only based on a written consent.

III. Intellectual Property and Privacy

1. General
The logo, the Name and all the intellectual property rights of the HoteloPro Software, the website and any documentation regarding the HoteloPro Software will remain the property of HoteloPro SRL. 

2. Data
If the agreement between HoteloPro SRL and you is terminated (for reasons other than your breach of these Terms and Conditions), HoteloPro SRL provides a file with your data within 30 days from the termination of this agreement, if you request it within the agreed period of time. HoteloPro SRL reserves the right to arrest your data without warning if the subscription is closed for default of payment. At the termination of the subscription, your right to access or use the information/data from the HoteloPro Software immediately ceases, and HoteloPro SRL shall not have the obligation to keep or send you any kind of data from the HoteloPro Software. 
The access to data is conditioned by the full payment of the access fee to HoteloPro SRL. You must keep copies of all data entered in the HoteloPro Software. HoteloPro SRL adheres to the best practices and procedures to prevent data loss, including a backup system but offers no guarantee against data loss. HoteloPro SRL expressly excludes the liability for any data loss, regardless of the cause. 

3. Privacy
Unless the party has the prior written consent of the other party, or if it is obliged by law to do so: 
3.1. Neither party has the right to use for its own benefit other information than those specified in these Terms and Conditions. Each party shall keep confidential all the information obtained as a result of the association defined by the Terms and Conditions. Neither of the parties will present, make available nor transmit confidential information to any third party, without the prior written consent of the other party. 
3.2. The obligations of each party, based on this clause, will be terminated as prescribed by these Terms and Conditions. 
3.3. The provisions of section 3.1. and 3.2. do not apply to any information that: 
- is or becomes public for other reasons than for breaching this clause; 
- is legally received from a third party and is not under a disclosure restriction; 
- is in possession of the receiving party without restrictions regarding the disclosure before the date of reception from the sender; or 
- is independently developed, without access to confidential information. 
HoteloPro SRL maintains a privacy policy that establishes the obligations of the parties regarding personal data, observing the rules of the National Authority for Surveillance of the Processing of Personal Databases in Romania.

IV. Your obligations

1. Access conditions
To comply with these Terms and Conditions, when you access and use the HoteloPro Software, you have to: 
- do not try to undermine the security and/or integrity of the HoteloPro SRL computer systems or its networks, if the HoteloPro Software is hosted by a third party; 
- do not use and misuse the HoteloPro Software and website www.hotelopro.com in any way that could affect its functionality or misuse a user account to reduce the operating capacity of the HoteloPro Software and website www.hotelopro.com; 
- do not attempt to gain unauthorized access to the computer system on which the HoteloPro Software is hosted or to any other materials than those for which you were expressly given permission; 
- do not transmit or enter into the HoteloPro Software any: files that can affect the computers or the information programs of any other person; content that may be offensive; materials or data that might break the law (including data or other protected materials, such as copyrights or other intellectual property rights that you are not allowed to use); and, 
- do not modify, copy, adapt, reproduce, disassemble any part of the HoteloPro Software or website, except when it is strictly necessary to use one of these actions for a normal operation. 
You will immediately notify HoteloPro SRL of any unauthorized use of your passwords or any other breach of security and HoteloPro SRL will reset your password; or you can do this yourself from the Management Menu, Hotel Configuration - Security. 
You will ensure that all the usernames, company ID and the passwords required for access to the HoteloPro Software are kept secure and confidential.

2. Compensation
You agree to indemnify HoteloPro SRL, if due to your breach of any of these Terms and Conditions it results in losses, costs, damages and any type of prejudices, including (but not limited to) any costs related to the recovery of the access fees that were not paid by you. 

3. Payment obligations
An invoice with the price of the subscription chosen by you will be monthly issued on the date you registered your accommodation unit in the HoteloPro Software. Each invoice will include the access fee and will be issued for a previous utilization period. The monthly invoicing will be done throughout the present agreement, until its termination, in accordance with Clause VIII. 
The HoteloPro SRL invoices will be generated only electronically and will be sent to you by the email specified by you at your registration in the HoteloPro Software, and you will have to pay it within 7 days from its date of issue. You are responsible, besides the access fee, to pay all taxes foreseen by the laws in force in your country.

4. Communication conditions
Under these Terms and Conditions, if you use any communication tools available through the website (such as any forum, chat room or any form of instant messaging), you agree to use these communication tools only for legal and legitimate purposes. It is forbidden to use any of these communication tools for publishing or disseminating any material unrelated to the utilization of the HoteloPro Software, including (but not limited to): goods or services offers for sale, files that can damage the computer systems or information programs of any other person, content that can be offensive for any of our users or any materials that would violate the law (including materials that are protected by copyrights, intellectual property rights or business secrets upon which you have no utilization right).  When communicating via the website, you declare that you are the author of the content of that communication. HoteloPro SRL has no obligation to ensure that the communications on the website are legitimate or that they are related only to the utilization of the HoteloPro Software. You need to be cautious when you use the communication tools available on the website. However, HoteloPro SRL reserves the right to call off any communication at all times. 

5. General obligations
The HoteloPro Software and website www.hotelopro.com, as well as any notice sent by HoteloPro SRL or condition posted on the website, will be used for their own internal affairs, for strictly legal purposes, in accordance with these Terms and Conditions.

V. Support

1. Availability of the service:
While HoteloPro SRL wants HoteloPro Software to be available seven days a week, 24 hours a day, it is possible that, due to maintenance or some development activities, from time to time, the HoteloPro Software becomes unavailable. If for any reason, HoteloPro SRL has to disconnect the HoteloPro Software for longer periods than would be normally expected, HoteloPro SRL will make all reasonable efforts to publish this situation in detail on the website before it takes place.

2. Technical problems:
In the case of technical problems, you have the responsibility to make all reasonable efforts to investigate and diagnose problems before contacting HoteloPro SRL. If all your efforts and investigations for fixing the problem have no positive result and you still need technical assistance, please check the support provided by HoteloPro SRL online or, in its absence, send an e-mail to contact[@]hotelopro.com.

VI. Limited liability

To the maximum extent permitted by law, HoteloPro SRL excludes all liability and responsibility towards you (or any other person) under contract (including negligence, prejudice or others) for any loss (including loss of data and profits) or directly or indirectly resulting damage, based on the use of the HoteloPro Software. 
If you suffer any losses or damages resulting from the negligence or breach of these Terms and Conditions HoteloPro SRL excludes all liability towards you. 

If you are not pleased with the HoteloPro Software, the only remedy is to cease to agree to these Terms and Conditions, and give up using the HoteloPro Software in accordance with Clause VII.

VII. Guarantees

1. Confirmation You agrees that: 
- you are authorized to use the HoteloPro Software, the website www.hotelopro.com and to access the information you need through the Software and the website (if this information is yours and you are granted access by purchasing a type of subscription). 
- if you use the HoteloPro Software and access the website, on behalf of or for the benefit of a company or organization (legal person or not), then HoteloPro SRL will presume that you have the right to do so and that the company or organization will be responsible for your actions or omissions (including any violation of these Terms and Conditions). 
- the access and utilization of the HoteloPro Software is made, regardless of the reason, at one`s own risk. 
- HoteloPro SRL does not guarantee that the use of the HoteloPro Software will be without errors. Among other things, the operation and availability of the systems used to the HoteloPro software, including public telephone services, computer networks, and other services for providing data can be unpredictable and may occasionally interfere with the access to the HoteloPro Software. HoteloPro SRL is in no way responsible for any such problems that might prevent the access to and/or utilization of the HoteloPro Software. 
It is your sole responsibility to establish whether the HoteloPro Software satisfies the needs of your business. 

2. No warranties offered
HoteloPro SRL offers no warranty regarding the HoteloPro Software. Without limiting the above mentioned, HoteloPro SRL does not guarantee that the HoteloPro Software will satisfy your needs or will be suitable for your purposes. In order to avoid any doubtfulness, the warranties are excluded under all implied conditions, to the extent permitted by the law.

3. Your statement
You Warrant and Declare that you have the right to access and use the HoteloPro Software based on these Terms and Conditions for business purposes and that, to the maximum extent permitted by law, any legal warranties are excluded and not applicable when providing the HoteloPro Software, the website or any other service provided by HoteloPro SRL.

VIII. Conclusions

1. 15 days free of charge
To benefit by and evaluate the services offered by HoteloPro SRL 15 days Free of charge, you can register on the website www.HoteloPro.com, without any obligation to continue after these days. If you choose to continue using the HoteloPro Software, the invoices will be issued from the date on which you created your account for your accommodation unit. If you choose not to continue with this service, HoteloPro SRL has no obligation to provide you a copy of your data and reserves the right to delete your account from the HoteloPro Software. 

2. Prepaid subscriptions
There will be no refund of the access fee for any remaining period of a subscription unless the subscription is canceled within 15 days of free use. These Terms and Conditions shall continue for the period covered by the paid access fee referred to in Clause IV.C. Exceptions will be made if either party terminates these Terms and Conditions by notifying the other party at least 30 days before the end of that payment period. 
a) If a party: 
- violates any of these Terms and Conditions and does not remedy the breach within 14 days from receiving the notice of violation, if the breach can be remedied; 
- violates any of these Terms and Conditions, and the violation can not be remedied (that includes, without limitation, any breach of Clause IV.D or any payment with a delay of more than 30 days); 
or 
- the paying subscriber goes into liquidation, insolvency or similar situations, 
b) HoteloPro SRL - at its discretion - may consider any or all of the following actions: 
- the termination of these Terms and Conditions, that foreseen the end of your use of the HoteloPro Software and website www.hotelopro.com; 
- suspend access for any definite or indefinite period of time, your use of the HoteloPro Software and site www.hotelopro.com; 
- take any of the actions of sub-clause b) of this Clause VIII.2 regarding any other persons in your company/organization or that have access to your information or the information of your company or organization.

3. Accumulated rights
The termination of these Terms and Conditions shall be made without prejudicing the parties` rights and obligations accumulated until and including the date of termination. Upon termination of this agreement, you will: 
- remain liable for any accrued charges and the amounts that fall due before or after the termination of this agreement; and 
- will immediately stop using the HoteloPro Software and Website www.hotelopro.com. 

In the case of termination or expiration of this agreement (Terms and Conditions), Clauses II, III, IV.C, VII and VIII of these Terms and Conditions remain valid.