365villas General Terms & Conditions
These 365villas General Terms & Conditions (this "Agreement") govern all aspects of the provision and use of 365villas' property rental management solutions and services as made available from time to time (including the www.365villas.com http:///website, any 365villas mobile application, and all related programming, content, logos, naming and branding, and all future updates, upgrades, substitutions or additions to any of them) (the "Services").
If you do not agree with any of the terms of this Agreement, you must not access or otherwise use the Services. Your access to or use of any of the Services constitutes your acceptance of this Agreement.
365villas is 365villas Limited, a limited liability company incorporated in England with its registered address at 79 College Road, Harrow, Greater London, HA1 1BD UK with company registration number 10871176. 365villas can be contacted by email: firstname.lastname@example.org and telephone: +44 (0) 20 3287 9365 or +1 (727) 564-9365.
1) The Services
- The Services provided by 365villas are on-line services and solutions for management of short-stay property rentals. The Services must only be used for supporting your rental property business and for no other purpose.
- You undertake, warrant and represent that you are either the owner or the owner's designated manager or agent for the property or properties which you register within or upload to, or for which you use any of the Services (a "Property").
- The Services are provided for the purposes of managing Property rentals as part of your trade, business, craft or profession, and are not intended for individual consumers.
- For the purposes of this Agreement, "you" refers to you and the owner of the Property (or any other person representing the owner or on behalf of whom you are using the Services) and anyone else using your user account.
- For the avoidance of doubt, 365villas is not a real estate broker, agent, insurer, or booking agent. 365villas is not a party to any rental or other agreement between you and any guest. 365villas shall have no responsibility whatsoever for any aspect of the relationship between you and guests or prospective guests, or any intermediaries, agents, booking platforms, payment providers or any other person or service to which you connect using the Services (whether or not they may be advertised, linked to, or otherwise mentioned within the Services). 365villas is a technology platform provider only. All issues relating to management of Properties and your business are your sole responsibility, including without limitation terms and conditions of rental, personal data processing, availability and bookings, charging and collections, licensing, insurance, accounting, tax, legal compliance, health and safety, complaints and advertising.
2) End User Licence and Restrictions
- 365villas hereby grants you a limited, revocable, worldwide, non-transferable, non-sublicensable right and license to access and use the Services for the exclusive purposes of managing vacation rentals of Properties in accordance with the terms of this Agreement.
- You must not: (a) modify, adapt, alter, translate, or create derivative works from the Services; (b) sublicense, lease, rent, loan, or otherwise permit a third party to use the Services; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services; or (d) use the Services except as expressly allowed in this Agreement.
- The Services and all rights in the Services, including but not limited to copyrights, designs, image and publicity rights, database rights, trademarks (including trade and product names, logos, slogans or banners) and patents, know-how and trade secrets, whether registered or unregistered, are all the exclusive property of 365villas (or 365villas' licensors).
3) Use of the Services
- You must use the Services exclusively for lawful purposes. In particular but without limitation, in accessing or using the Services you must not:
- intercept, monitor, interfere with or modify any post or communication which is not intended for you,
- interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of 365villas or any other person,
- impersonate any other person or without their consent use their name, image or account,
- use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the Services or network,
- send any unsolicited communication, including advertising or commercial or sponsored communications (e.g., spam),
- collect or harvest personal information from others (e.g., phishing),
- stalk, bully, harass, abuse or threaten any person or contact them when they have indicated that they do not wish to be contacted,
- publish, transmit or expose any person to material which is pornographic, offensive, defamatory, sexist, racist, discriminatory, harmful to young people, indecent, illegal, in breach of third party rights or otherwise objectionable,
- undertake any activity that is in breach of the law, public order, or public morality, or
- make the Services available to any other provider of villa or vacation property rental-related services or that otherwise competes with any of the Services.
- You must provide only accurate, true and up to date information through your user account and use of the Services. 365villas will be entitled to communicate with you using the contact details you provide.
- You are responsible for protecting your account login details. If at any time you believe these may have been compromised and/or your account was accessed improperly, you must notify 365villas immediately.
- You must not access or attempt to access the Services through any means or interface other than the login prompt on 365villas.com or other official public portal of 365villas.
- You undertake, warrant and represent that no content (including still or moving images, text, sounds, code, data or any other information) uploaded, stored or distributed through your account (including in relation to any Property) will:
- be false, inaccurate, fraudulent or misleading or infringe any applicable law, regulation or binding code of conduct;
- infringe the rights of any other person (including without limitation copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy);
- be defamatory of any person or business;
- breach any of the requirements set out in Section 3 above; or
- create any liability for 365villas or cause 365villas to lose custom, services, goodwill or reputation.
- You are solely liable for all content posted through your account and undertake, warrant and represent that you have all rights, licenses and permissions necessary to use, publish and upload it.
- Although 365villas uses up to date and fully tested security measures and back-ups, and endeavours to provide maximum uptime and protections, 365villas cannot guarantee availability or storage of any content uploaded or posted using the Services or that back-ups or downloads will be available. It is your responsibility to keep copies of your content.
- 365villas is not required to but may monitor such content and may remove or alter it if 365villas believes for any reason that it is in breach of this Agreement, applicable laws or third party rights, or is harmful to 365villas' business or reputation.
- You grant us a worldwide, royalty-free right to use, copy, sublicense, display, exhibit, edit and translate content within the Services, including to market the Services.
5) Third Party Services
- Within the Services 365villas may provide access to third party websites, services, resources or content (including advertising or sponsorship content). Any such references or links are for informational purposes only and do not constitute any endorsement, recommendation or other assumption of responsibility for them by 365villas. 365villas has no control over third party sites, resources or functionality not provided directly by 365villas.
- Your correspondence, business dealings with, reliance on such resources, or participation in promotions of, advertisers, sponsors or other persons found on or through the Services, including all applicable terms and conditions and notices including in relation to use of personal data, are solely a matter between you and such party. 365villas excludes all liability for matter arising out of or in relation to any contact with them.
- 365villas is not responsible for the availability of such external sites or resources or for any content, advertising, products, services or other materials made available by such third parties.
6) 14-Day Free Trial
- 14-day free trial is available to all new users. At the end of such free trial (at midnight GMT on day fourteen of your trial) you will automatically be billed for the first month of service, unless you delete your account within the Services.
- In order to terminate the free trial and avoid moving onto the paid service, you must configure your trial account after activating it and then delete your account 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 the interface. Any other method of cancelation is not sufficient as your account and content will remain live in 365villas system if not deleted.
- Only one free trial per prospective user or company is permitted. Multiple free trial instances will result in immediate billing for the first month of service unless expressly agreed otherwise in writing.
7) Payment and Fees
- You agree to pay the monthly or annual subscription fee applicable to the Services ("Fees") from time to time. If Fees are changed then 365villas will give you as much notice as practicable and if you disagree with the revised Fees then your sole remedy will be to terminate this Agreement by deleting your account.
- You must provide 365villas with a valid credit card in order to activate your account and authorise 365villas to automatically charge such credit card for all Services that you order or use.
- You must keep payment information and credit card information updated, and provide 365villas with a new valid account number if the old card is deactivated or does not have sufficient credit available to pay your Fees. Your information must be updated within 30 days of any such changes. 365villas reserves the right to place your account on hold, suspend your access to the Services and/or terminate this Agreement if you are overdue in paying any Fees due for any Services. 365villas may at its discretion keep accounts that have been suspended for any reason available for re-activation for a limited time. However, 365villas reserves the right to definitely delete them immediately or at any time if overdue payments are not cleared or other breaches are not remedied.
- Fees are non-refundable for any reason, except in case of a total failure by 365villas to provide Services during the relevant billing period.
- If you wish to dispute any Fee that 365villas has charged to your credit card, you agree to discuss such dispute with 365villas and work towards a resolution. You expressly agree not to dispute Fees with your issuing credit card company, which could result in a chargeback to 365villas. 365villas may make an immediately due and payable admin charge of US$ 150.00 in respect of chargebacks or declined, refused and/or returned payments.
- From time to time 365villas may grant prospective or targeted users discounted access to Services or a free trial period. 365villas is under no obligation to make these discounts or special terms available to existing users. 365villas may change or revoke discounts or special terms at any time at its discretion.
- At its discretion, 365villas may offer demos, consultations and training to selected users. Training requested after your first 30 days is billable and a quote for services will be provided. 365villas may offer free of charge training during your first 30 days. However, if you cancel an agreed free training session with less than 24 hours' prior notice then in the case of trial users, the first month's subscription fee becomes automatically billable; or paid subscribers will be billed US$ 50.00 (or local equivalent) for the cancelled session.
- 365villas may employ third parties to help introduce new users. 365villas may share at its discretion some portion of your Fees with the third-party who may have helped introduce you to us.
8) Term and Termination
- This Agreement will be effective from the date on which you create a user account or first use the Services, and will remain effective until terminated as set out below.
- Renewal of the plan you have selected (monthly or annual) is by default automatic unless you (a) delete your account before midnight on the last day of your current subscription period; or (b) deactivate auto renewal inside your account under the My Account tab.
- You may terminate your subscription yourself at any time from inside your account. By creating an account with us, you accept responsibility for deleting it yourself if you wish to terminate your subscription. Any other method of cancelation is not sufficient as your account and content will remain live in 365villas system if not deleted.
- 365villas may terminate your account and this Agreement:
- for any reason at any time on 60 days' notice given by any reasonable means, in which case you will be entitled to a full refund for any Fees paid up beyond the effective date of termination; or
- at any time without notice or refund if 365villas reasonably believes you have failed to comply with any term contained in this Agreement, you have infringed someone else’s rights (e.g. copyrights, publicity or privacy rights), or engaged in any fraudulent, unacceptable or illegal activity.
- In addition for any other rights or remedies that 365villas may have, 365villas may also suspend your access to all or part of the Services, where 365villas is entitled to terminate this Agreement or where this is required by any applicable law or regulation or 365villas' hosting provider. In particular, where any user directs threats, abuse or hostile treatment of any kind towards any 365villas staff, then 365villas may decide to permit such user to continue to access the Services but such user will not be entitled to receive any training or customer support from 365villas.
- On termination of this Agreement for any reason: (a) all your licences and rights to use the Services shall terminate, and (b) you will cease all use of the Services. No further Fees will be collected after termination. However, no refunds will be given except as expressly set out in this Section.
9) Indemnification of 365villas
You agree to indemnify, defend and hold 365villas, its related companies and staff harmless from and against any and all claims, liability, loss, damage, costs and expenses, including reasonable legal fees, in connection with or arising out of your: (a) breach of any provision of this Agreement or any applicable law, regulation or code of conduct, or (b) breach of any rights of any third party, (c) use or misuse of the Services, (d) content posted in or through your account; and/or (e) any dispute which may arise between you and your guests or prospective guests or any other third party.
10) Disclaimer of Warranties / Limitation of Liability
- The Services are provided “as is” and "as available" in accordance with the terms of this Agreement. 365villas hereby excludes all other terms, whether express, implied or statutory, including, without limitation, any warranties and conditions of quality, performance, non-infringement, merchantability, or fitness for use or any particular purpose or requirement.
- 365villas strives for 99.99% system up-time, but on rare occasions system maintenance, upgrades or events outside 365villas' control may result in Services or some functionalities being temporarily off-line. 365villas will endeavour to ensure that these occasions are as infrequent and short as possible and that you are notified, wherever possible, in advance. However, 365villas does not represent or warrant that the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free. 365villas may make available a facility whereby you can set the system automatically to send you updated versions of your data in spreadsheet or other electronic form, and recommends that you use this facility which is currently referred to as the "daily digest" feature and is accessed on the Email Settings page.
- 365villas, its related companies, its licensors and staff have no liability in connection with or arising from your use of or inability to use or termination of your use of the Services, whether in contract, tort (including negligence), product liability or any other form of liability, including for any indirect, incidental, special or consequential damages (including without limitation any loss of profit, contract, business, goodwill or data, computer failure or economic loss), even if 365villas, its related companies or staff have been advised of the possibility of such damages. 365villas' entire aggregate liability for any claim arising out of or in connection with this Agreement shall be limited to a maximum of six months Fees received from you for use of the Services.
- In particular, no warranty is made that the Services will enable a certain quantity of bookings, contracts or profit. You are solely responsible for your own business plan, cash-flow and execution. Payment of the Fees is not conditional upon your obtaining any level of business or revenue.
- To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you, and 365villas' liability will in that case be limited as far as possible under applicable law.
11) Your Data
- You agree that 365villas may hold on its databases the information you provide about yourself and Properties. This includes but is not limited to your name, email address, phone number(s), and address of residence. 365villas may send you promotional material from time to time, but you may opt out of receiving these communications at any time via the Opt Out option in your Account settings.
- To the extent that you provide to us or use the Services to process personal data of guests or other third parties, then you represent and warrant that such all data has been collected and will be processed in accordance with all applicable laws and that you have in place a professionally drafted privacy notice or policy for your business, and have made all necessary disclosures and obtained all necessary consents in order to provide such data to 365villas for the intended purposes. You will indemnify 365villas for any claim received from any guest, other third party or regulator relating to your compliance with personal data processing laws.
11.3 365villas may access data stored on or transmitted through the Services to conduct research, operate and improve the Services and provide anonymous reporting for internal and external clients and business associates.
11.5 365villas will endeavour to keep your data secure and protected from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access in accordance with applicable laws and regulations, and has in place up to date and fully tested and audited security systems, but does not make any guarantees in this respect, and excludes all liability for these matters to the extent permitted by applicable law.
You agree that 365villas can place a reasonably sized and positioned logo and/or text link on website pages and emails included in the 365villas system, including on publicly accessible pages of your website which may indicate "Powered by 365villas" or "Created by 365villas" or similar. You must not remove, obscure, make illegible or alter any such logo or link, unless required by 365villas in which case you must remove it as soon as practicable after 365 Villa's request.
14) General Provisions
14.1 365villas reserves the right to modify this Agreement at any time by notifying you by any reasonable means including through the Services. The modified Agreement shall become effective thirty days from such notification, unless you accept the modified Agreement earlier. Such acceptance by you, or your continued use of any of the Services after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement.
14.2 Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
14.3 The failure or delay by 365villas to require performance of any provision hereof shall not affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed on behalf of 365villas.
14.4 You cannot assign this Agreement or any rights or obligations hereunder. 365villas may freely assign this Agreement or any rights or obligations hereunder, without notice.
14.5 This Agreement shall be governed by and construed in accordance with the laws of England.
14.6 Any legal proceedings arising out of or relating to this Agreement or the Services will be subject to the exclusive jurisdiction of the courts of England.