UPDATED MARCH 2016
1) GENERAL TERMS OF SERVICE
This document constitutes the Terms of Service between you and 365Villas.com Ltd (three-six-five). By using our service you confirm you are of legal age in your jurisdiction to agree to the terms and stipulations here below.
2) Account Details
All information provided to us about yourself is true and accurate and you are either the owner or the owner's designated manager for the property or properties registered in your 365 account. 365 may use the contact details you provided at the time of registration to make contact with you concerning matters related to your account.
3) Our Service Definition and Demarcation
365 provides advanced on-line services and solutions for owners of villa and vacation home rentals. While these services and solutions are designed to aid and enhance owner's management, administration and customer service processes among other things, 365 shall have no responsibility whatsoever for the relationship which exists between you the owner and your guests or prospective guests, whether it be commercial, service, dispute related or any other aspect of that (those) relationship(s), unless stated otherwise in writing by 365. Furthermore, under no circumstances will 365 be held responsible for any financial loss or lost opportunity between you and a guest or prospective guest.
4) Free and Premium Websites from 365Villas.com or it's affilated namesake 365villas.net
If you use one or more of our Free or Premium Websites, you agree that these may be used for the sole purpose of supporting your vacation or holiday rental home business. Uses outside the spirit of this condition may result in immediate deactivation and/or revocation of the site or sites in question.
5) Security and data protection
365 warrants that any data you store with us is held at our server provider who stipulates in their terms with us that they run two carrier neutral state-of-the-art data centers with over 20,000 square feet of raised floor, each with dozens of gigabits of network capacity, 24/7/365 NOC staff, 3 megawatts of UPS and generator-backed power, and redundant self contained fire suppression and cooling systems; rated to withstand magnitude 8.3 earthquakes. So you can rest assured 365 has gone to significant effort to ensure your data is as safe.
365 has also exercised considerable efforts to ensure our website and application, and any data you share with us, are secure and that your access to that data will be as failsafe as possible, provided you are able to authenticate your identity when logging onto our systems. We have also taken precautions to try to ensure you have access to your minimum essential data even during the extremely unlikely event of a temporary system outage at 365.
The measures described in the two previous paragraphs represent "best efforts" on the part of 365 and in no way constitute any liability whatsoever on our part for loss of any kind between you and your guest(s) or prospective guest(s) under any circumstances.
You are responsible for protecting your account login details. If at anytime you believe these may have been compromised and/or your account was accessed improperly, you agree to notify 365 immediately.
6) System maintenance
365 strives for 99.999% system up-time, but on extremely rare occasions system maintenance and or upgrades may result in the 365 being temporarily off-line. We will always exercise best efforts to ensure these occasions are as infrequent and short as possible and that you are notified, wherever possible, in advance.
7) License agreement
365 is a Web 2.0 Software-as-a-Service, which you the user are entitled to use on a subscription basis through a monthly or annual license arrangement with 365. Our software solutions and all related intellectual property, branding, messaging, and content of any other kind are all the exclusive property of 365villas.
You as user understand that you are not buying software from 365, but purchasing a license, which entitles you to use our online software solutions for a designated time frame, subject to future renewal, that the license is not transferable and it is exclusively for your use or that of your designated person solely for the property or properties you have registered with us.
8) 14-Day Free Trial
A 14-day free trial is available to all prospective users. If you delete your account before midnight Greenwich Mean Time (GMT) on day fourteen of your trial you will not be billed. You must delete your trial yourself from inside your account under the drop-down where your plan is named next to the Logout button on the top right corner of your interface. To be able to access this button you must configure your trial account after activating it. Provisional configuration can be done in under 5 minutes. You agree to this stipulation with the understanding that 365villas wishes to deter unserious prospects from activating and abandoning free trial accounts without actually configuring and testing them. If your account is still in our system at midnight GMT on day fourteen of your trial you will be automatically billed for your first month's of service. Only one free trial per prospective user or company is permitted. Multiple free trial instances will result in immediate billing for the first month's service unless expressly confirmed otherwise in writing.
9) Demos, Consultations, and Training
At its full discretion 365villas may offer free demos, consultations and training. Priority is given to those that are either subscribers who have paid for their first month or trial users who have demonstrated sincere effort to make the most of their trial but progressing some of their settings and testing various features using the tutorials and video shorts provided inside. Any training we provide is free of charge during your first 30 days, unless you cancel an agreed session with less than 24 hours notice. In such case, the first month's subscription fee becomes automatically billable for trial users. Paid subscribers will be billed $50 US or an equivalent amount in their currency. Training requested after your first 30 days is billable and a quote for services will be provided.
There are no cancellation penalties and users may cancel at anytime. There are no refunds for fees already paid.
You acknowledge that for business and operational efficiency, auto renewal is automatically checked on our sign up and upgrade pages. For monthly subscribers, this is less relevant as monthly renewal is an inherent part of the service until you cancel. For annual subscribers this means when you annual subscription expires it will automatically renew unless you deactivate auto renewal prior to the date in question. You can do this inside your account under the My Accounts tab. Note, however, you cannot enable Auto renewal yourself anywhere other than the point of sign up, renewal, or upgrading your account and will therefore have to manually renew your account at the appropriate time.
12) Intellectual Property
You acknowledge that the www.365villas.com and www.365vacationrental.com websites, the 365 application and all related programming, content, logos, naming and branding are the exclusive property of 365Villas.com Ltd. and are protected under international copyright laws. You agree not attempt to copy or compromise them in any way, and not attempt to profit from commercially from our system in any other way than that intended by us for you as an individual subscriber using 365 to support management of your villa or vacation home rental.
You understand and agree that 365 may partner with third-party companies around the world to market our business and support our operations and that these parties may, on an as needed basis, have access to our systems and the data you store with us from time to time. 365 agrees to have commercial and legal terms in place with these companies to help ensure your interests and ours are protected commensurately with the terms of this agreement.
14) Unauthorized Use
You agree not to use 365's service for any purpose other than intended by 365, which is to grant authorized users access to technology enabled tools and processes to aid and support their individual villa or vacation rental business(es). You will not access or attempt to access our application through any means other than the login prompt on www.365villas.com, www.365vacationrentals.com, or other official public portal of 365's. The 365 application code is exclusively our property and you will not attempt to apply any technical, IT or software related integration or interface to it without first obtaining express permission to do so in writing from 365. You will not attempt to access proprietary information of other users or the 365 code, but in the highly unlikely event this ever occurs inadvertently you will notify 365 immediately.
15) Your Data
You agree that 365 may hold on its databases the information you provide about yourself and your property during registration for our service. This includes but is not limited to your name, email address, phone number(s), and address of residence. You agree 365 may store or transmit this data as it sees fit to provide and improve our service. 365 may send you promotional material from time to time, but you may opt out of this category at any time via the Opt Out option in the Account section of the 365 Configurator.
16) Links to Third Party Sites
365 may attempt to share information with you, which we feel may be useful to you by making reference to third-party websites and or providing links to them. In such cases, this is for informational purposes only and does not mean in anyway that these third parties or their websites are affiliated with 365 or that we are responsible for their content, accuracy or ongoing maintenance.
17) Third Party Providers / Partners
To ensure we are always evolving and continuing to provide you with the most comprehensive and compelling service portfolio possible, 365 may on occasion form commercial partnerships with third party providers. In some instances these partners will be invisible to the user and the 365 Terms of Service, plus or minus any specific supplemental terms will apply. Other times when the third-party partner is introduced by name and as a separate entity to 365 Villas, then it is that parties Service Terms which will become applicable for the service, which they provide to you.
18) Termination, renewals, refunds and breach of terms
You may cancel your subscription at any time. Cancellations take effect at the end of each month provided you have instructed us that you wish to delete your account at least two business days prior to the end of that month. In such case, no further invoicing will occur thereafter for monthly subscribers. Annual subscribers will receive a pro-rated refund within 45 days of the last day of the cancellation month for any remaining months on their subscription which have been previously paid for.
Renewal is automatic unless you delete your account or request us to suspend it before midnight on the last day of your subscription. 365 will send you one or more notifications advising you again of this several days before your subscription expires.
365 may cancel your account with us for any reason with 90 days notice. If cancellation is due to a serious breach of terms, 365 may terminate your account at its discretion without notice and without right of refund. In the event of such an unlikely occurrence 365 will provide written justification for its decision and action. In such cases, while the user has the right of appeal, 365 will have ultimate discretion on the outcome.
19) Marketing campaigns, special discounts, special terms
From time to time 365 may conduct marketing campaigns, which give targeted users discounted access to our service or a free trial period of some duration. 365 is under no obligation to make these special discounts or special terms available to existing users. 365 may change or revoke its special discounts or special terms anytime at its discretion.
20) 365 agents and their fees
365 may employ third party agents to help us build our user base. Our terms with these parties shall be covered under separate agreements. As a user of 365 you agree that 365 may share at its discretion some portion of your subscription fee with the third-party who may have helped introduce you to us.
You agree to indemnify 365 entirely of all matters, concerns and disputes, financial or otherwise, which may arise between you and any of your guests or prospective guests. You further agree 365 and its affiliates are fully indemnified from any business inconvenience or loss, or appearance of such, that may result from technical difficulties of any kind.
22) Legal jurisdiction
Any dispute between you and 365, which cannot be resolved through discussion or mediation will be subject to the legal jurisdiction of the United States, if you register as being in that jurisdiction, and that the United Kingdom will be the default legal jurisdiction in all other instances.
23) Your record of these terms
365 does not keep separate documents for individual subscribers, and we reserve the right to amend these terms from time to time at our discretion. You are responsible for printing a copy of this document and retaining it for your records.