Terms of Service

The following terms of service and conditions govern all use of the HotelData.com Website ("The Website") and all content, services, and products available at or through the Website.

The Website is owned and operated by Hotel Data Technology, LLC. ("HotelData")

The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HotelData's Privacy Policy) and procedures that may be published from time to time on this Site by HotelData (collectively, the "Agreement").

By accepting these Terms, or by accessing or using the the Website, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms "You," "Your" or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

You are required to "Accept the Terms of Service" (and therefore read this entire page) when adding a new Property to Your account. You understand that a link to this Terms of Service page may not exist on all pages of the Website, but does and will always exist as a link on the home page (https://hoteldata.com)

1. Description of Service

1.1 - The "Service" includes (a) the Website, (b) the on-demand HotelData Website platform and tools, and (c) the other Services provided to You through the Website, including all software, data, text, images, sounds, videos, and other content made available through the Website (collectively, "Content"). Any new features added to or augmenting the Service are also subject to these Terms.

1.2 - HotelData does its very best to make the Service available, except for: (a) planned downtime (of which You will be notified at least 24 hours in advance), or (b) website updates (of which typically cause no more than 15 seconds of downtime and typically do not occur more than twice a day), (c) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.

2. Data Privacy and Security

2.1 - In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies).

3. Billing and Payments

3.1 - General. The Service is made available on a pay-as-you-go basis. It is completely self-serve.

3.3 - Amount Owed & Due Date. You can review all amounts owed and their due dates by visiting the HotelData Billing page once logged in and viewing your company's account. You are required to "Accept the Terms of Service" (and therefore reading this entire page) when adding a new Property to Your account. The action of successfully adding a new Property to your account will generate Invoices and corresponding emails that will notify You of the Invoice Amount (total owed) and Due Date of each month's bill (which is typically the 1st of the month). You are required to pay HotelData by the Due Date of each month's HotelData Invoice(s). The Service will notify You (via automated emails and data Invoices added to your account) about upcoming and past due invoices.

3.4 - Grace Period. All Invoices owed to HotelData have a 30 day grace period. If any Invoice goes unpaid for 30 or more days, the associated Property on your account will be locked (no features/pages/tools can be accessed or used) until all past due Invoices associated with that Property have been paid. In the event a Property is locked due to exceeding our grace days period of 30 days, you will be required to pay a $300 fee to reactivate that Property.

3.5 - Auto Renew. You can optionally provide Your credit card information via the HotelData Billing page, but if you do so you are required to "authorize HotelData.com to automatically charge this credit card for all properties for all future Invoices on their due dates or that are past due." which gives HotelData Your permission to save your credit card information on a third party's servers in accordance with PCI compliance. The credit card will be reused and charged for all subsequent Invoices on their respective Due Dates for so long as the credit card information is valid. You may optionally provide other additional credit cards at any time. One credit card must always be designated the "primary" card, which is the first card HotelData will attempt to bill. All cards except the primary card can be optionally deleted or changed to be the primary card at any time from the company billing page.

3.6 - Billing. HotelData uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for HotelData. For more information about our billing practices and Your personal information please visit our Privacy Policy.

3.7 - Payment Method. You may pay by either check or credit card. Please use the HotelData Billing page to manage both check payments and credit card payments to HotelData. If paying by credit card: HotelData bills You through a secure online account for use of the service. We have an SSL certificate that prohibits Your sensitive credit card information from being intercepted. Your complete billing information is not stored on HotelData servers.

3.8 - Cancellation of Services. As an added security measure: Whether you wish to cancel one Property, many Properties, or your entire Account, you must contact us directly to request an account cancellation. Because there is so much data associated with each property (Chart of Accounts, Budget, Daily Report, etc), accidental deletion of a Property can not be undone, all data would be permanently lost, so we do not offer the ability for users to delete a Property from their account. It also protects us by having an email as proof that the request was made and was intentional, because a deleted Property can not be restored later. Deleted data is lost forever. See section 3.9 for more details.

3.9 - Termination/Deletion of Account. In the event any Property's Invoice goes unpaid for more than 90 days after the Due Date, HotelData will automatically delete the Property and all associated data with that Property. You might receive (without guarantee) an email notification 60 days after a Property's Invoice goes unpaid (30 days before deletion) that the Property and all associated data will be permanently deleted if not paid.

4. Changes

4.1 - HotelData reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HotelData may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

5. Money Back Guarantee & Refund Policy

5.1 - We do not generally refund cancelled accounts: all payments are "prepayments" for Service usage and Invoices for required payments are generated monthly. For example, if You already paid for January's services (from the January Invoice with a Due Date of January 1st) and You request a refund after two days (on January 3rd), no refunds will be admitted. No refunds are issued for setup charges, add-on charges, overage charges, or support charges. In case of Acceptable Use Policy violations, any and all refunds are forfeited.

6. Refusal of Service

6.1 - We reserve the right to refuse, cancel, or suspend service, at our sole discretion.

7. Disclaimer

7.1 - HotelData cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if HotelData site was functioning. HotelData holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as HotelData sees fit.

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