This contract contains the conditions by which iSystems Information Technologies SL, hereinafter GUEST, grant the user a license to use a software owned by "GUEST Hotel Management", and provides services associated with it in accordance with the conditions expressed following. The provision of these services is aimed at natural or legal persons who carry out a business or professional activity and who use GUEST Hotel Software products and services for a commercial or industrial activity.
In this document, the expression "client" or "user" will be applied indistinctly regardless of the way in which the application and its services are accessed, either directly or through the intermediation of any third party.
2.1 Intellectual property and assignment of use
GUEST is the owner of this software, manuals and any other material to which the assignee has access. GUEST grants the registered assignee a license of use that can be free or paid, being exclusive and non-transferable to use the software to which it refers. Access and use of the software will be carried out remotely through the internet, without this contract implying the right to obtain an executable version in facilities other than those provided by GUEST.
The granting of this license only includes the software owned by GUEST. In the event that there is independently or combined executable third-party software, GUEST guarantees that it has the right of distribution, and provides the assignee with the corresponding use license agreement for their knowledge and acceptance.
This License Agreement for Use and Provision of Services is the one in force on the date of its registration and will be applicable during the term of the service that you have subscribed with GUEST. However, it may review or modify these conditions when renewing its subscription, when necessary or convenient, due to changes in its operation or operation, in the applicable legal framework, in the service providers, etc ... In any case, and except that expressly indicated otherwise, the variations in this document will be applicable when the immediately following extension of your subscription occurs.
The assignee must register as a user of the software on the GUEST website ( https://www.guest-hotelsoftware.com/
). Registration implies the express acceptance of this contract, and implies the identification of the holder of the right of use granted. In any case of the need for a justified change of identification of the holder, the procedure established by GUEST must be followed. The client is solely responsible for the veracity and legality of the data provided to GUEST.
Access to the software will be done through a user and password defined by the customer. The client is solely responsible for its safekeeping and proper use, declining GUEST any responsibility for the inappropriate use or loss of the password.
By accepting these legal terms and conditions, the assignee grants GUEST permission to publish its recent incorporation in GUEST's client portfolio as a reference or success story for other clients.
The client expressly accepts that GUEST can make all notifications regarding the contract electronically, especially to the email provided in the registry.
2.4 Validity, extension and cancellation
The user license will be contracted monthly and will be automatically renewed for monthly or annual periods (depending on the option chosen by the client) and according to current prices, and provided that the client or the third party entrusted with its management has previously informed the bank account payment of the corresponding fees. In the case of online contracting, payments by VISA and / or Mastercard will be accepted through the Redsys payment gateway.
The client may notify his wish not to renew the service at least five days in advance of the termination date of any of the extensions. The notification of non-renewal of the service must be sent to the email address: firstname.lastname@example.org
In any case, the terms and conditions established in this document will be applied to the successive periods of validity, as indicated in section 2.1.
In the event that the service is not renewed, either at the end of the initial period or any of its extensions, or in the event of non-payment of the corresponding fee, access to the software and the service will cease automatically and without the need for prior notice, from that date. At this time, the client will lose access to the software and the information stored therein, without prejudice to what is indicated in section 6.
GUEST may also stop providing services (including access to the corresponding software), respecting in any case the period of validity contracted by the client, without the right to compensation or indemnification for the client.
Since GUEST Hotel Software licensing is pay per use, in no case will the fees paid to date be returned.
2.5 Price and method of payment
The applicable prices will be those in force at the time of each renewal of the service, to which the applicable taxes will be added.
The payment of the service will be made by transfer or direct debit in the case of a renewal.
The client expressly accepts the charge in the bank account indicated to GUEST of the amounts derived from this contract.
If the client has the management of GUEST Hotel Software entrusted to a third party other than GUEST, the client knows and accepts that the lack of payment or notification of registration, cancellation or modification by said third party will have the correlative effects on access and use of GUEST, where the client may lose access to the solution and its related services.
The total or partial reproduction of the software, even for personal use, by any means and in any form, permanent or transitory, is prohibited; the translation, adaptation, arrangement or any other transformation and the reproduction of the results of such acts, and any form of public distribution, including the rental of the software or any transfer of use to unauthorized third parties. This prohibition is extended to both the corresponding software and its technical documentation. These acts, carried out without the authorization of GUEST, constitute an infringement of their exploitation rights, and may constitute a crime against intellectual property established in article 270 of the Penal Code.
During the subscription period for the use of the software, GUEST will provide the following maintenance and technical support services to the transferee, as non-transferable, and as long as it is up to date with the payment of the corresponding fee.
GUEST will adapt the software to the legal modifications required by the effective application of mandatory Spanish state regulations, carrying out the necessary changes to adjust the operation of the software to the provisions that are applicable at all times.
The updates derived from the maintenance and operation of the corresponding software will be applied automatically according to the software calendar established by GUEST, and without the need for user intervention.
3.2 Technical support
For those paying customers, GUEST will attend to inquiries regarding the operation and operation of the program object of this contract, through a Customer Service service through an online portal ( https://helpdesk.isystems.es
) that will allow you to resolve your doubts and incidents.
In addition, GUEST will make available to the client a fixed telephone number +34 871 570 536 and an email address email@example.com
to which they may direct your inquiries.
Customer service hours will be that of the Central office in Palma de Mallorca - Spain (currently from Monday to Friday from 9:00 a.m. to 6:00 p.m., except official holidays). GUEST reserves the right to change the hours of customer service.
For clients of the free version, a forum is enabled ( https://forum.guest-hotelsoftware.com/
) where the GUEST Customer Service staff and the users themselves will attend to your queries. This service is provided without any guarantee in terms of response times.
4. Warranty and Liability
4.1 Software and Services Warranty
The software is not designed to meet the particular needs of the assignee, but is developed to fulfill a general purpose, so there is no guarantee that the benefits of the program are those that in the opinion of the assignee should be met, or that they respond to particular needs. of the same. The operation of the software is also not guaranteed to be uninterrupted.
GUEST's guarantee is limited to the resolution of errors or incidents that affect the normal operation of the software or the client. The resolution of such incidents may be carried out through software updates that GUEST implements according to the product evolution calendar.
The services will be provided with the utmost diligence and in accordance with general industry practices. GUEST is not responsible for possible alterations or loss of data that may occur in the client's information systems.
GUEST will not be liable for any guarantee made by third parties, including their official distributors.
GUEST software is aimed at professionals who, under their own responsibility, interpret the calculations and results provided by it, for which GUEST is not responsible for any damage allegedly caused by the use or lack of use of the software, including work interruptions. , data loss, economic loss or profit loss anticipated as a result of its use.
GUEST is not responsible for damages related to the use or inability to use the application, including the loss of data that may occur due to misuse of the software, which is the responsibility of the assignee.
In the event of a claim for amounts due to non-compliance or damages, the client accepts that these are limited to the amount paid for the service.
GUEST seeks to provide continuous access to GUEST Hotel Management, but cannot guarantee permanent availability. Access to the software may be interrupted for reasons beyond GUEST's control, such as incidents in the communication networks, maintenance tasks, programs or resolution of incidents. Whenever possible, GUEST will ensure that interruptions are as short as possible and will give reasonable notice of those that are programs or are known, but declines any responsibility for the inability to access the software.
6. Access to data on behalf of the client
To provide these services, GUEST accesses personal data included in files for which the client is responsible, both to host and process them with the program, as well as to provide technical support service, where appropriate, where remote access is included. . GUEST will not incorporate the data into its information systems in this case. As data controller, you will not use them for any other purpose. Once the incidents have been treated and resolved, they will be kept as long as the use license is in force, being blocked and later destroyed upon termination, in accordance with the provisions of the following paragraph. GUEST will observe the basic level security measures for automated files, in accordance with Royal Decree 1,720 / 2,007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on protection of personal data.
The data incorporated by the client into the "GUEST Hotel Management" application will be canceled and blocked once the provision of the service ceases, and will be kept by GUEST for 30 days, with the client being able to request their recovery during that period. After this period or once the data has been made available to the client, they will be destroyed.
7. Applicable legislation and jurisdiction
According to article 29 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the address of GUEST is considered to be the place of conclusion of the contract.
This License Agreement for the Use and Provision of Services, as well as any controversy that may arise, whether contractual or non-contractual, will be governed by the provisions of current regulations in the Kingdom of Spain.
The Spanish Courts will be the only competent to resolve any question related to the interpretation or execution of this document. GUEST reserves the right to exercise as many actions as its right, if applicable, in the country where the user's domicile or place of residence is located.
For the resolution of any litigious issue derived from this document, GUEST and the client submit to the Jurisdiction of the Courts and Tribunals of the city of Palma de Mallorca, expressly waiving any other jurisdiction that may correspond to them.