The effective date of the Contract shall be the day the Pack was purchased online. Period of the contract is twelve (12) months from the effective date. It shall be automatically renewed every twelve (12) months unless terminated by the Subscriber.

Failure by one of the Parties to fulfil their contractual obligations, the contract may be automatically terminated by the other party, thirty [30] days from a formal notice sent by registered mail with acknowledgement of recept which remained unanswered.

The subscribed service provided by the Publisher to the customer covers three types of services:
- “Business” management tools are available
- Merchant website provided.
delivery of documents and information of any kind, if required by the customer

The customer is informed of any technical contingencies inherent to the Internet, or any access disruption that may arise.
It is his responsibility to comply with the volume limits specified in the Special Conditions and inform the Publisher of any increase of his needs in terms of processing capacity.
The Publisher guarantees the implementation of applications in compliance with its Quality Charter.

Hotel Optimiser software may be connected with other business software. To that end, the Publisher shall provide, at the request of the Customer, an application programming interface (API) to the Publisher of the respective software.
However, the Publisher shall not guarantee interoperability of the software outside API interfaces.

The Customer will set up the legal and tax information and contact details of staff authorised to use the software.
The right of access granted to the Customer and his staff is operational at any time via an Internet connection from the customer PCs and laptops and from any mobile phone, with logins and passwords supplied to the Customer.
Keeping ID’s confidential:
ID’s are personal and confidential. They may be changed upon request of the customer only or on the Publisher’s initiative subject to previously inform the customer.

Each Party undertakes to keep the information provided by the other party, confidential.
The Parties also agree to ensure that their staff, and any agent or third party who may intervene in any capacity whatsoever, under the contract, comply with these provisions.

The Publisher grants the Customer a personal, non exclusive, non-assignable and non-transferable right to use the Applications, for the duration of the Contract worldwide. This right is also open without limitation to its staff, based on the authorisation level of each user assigned by the customer.

The Customer is and will remain the owner of personal data used by him via the Packs and Modules under the Contract.
The Publisher shall and will remain the holder of property rights related to any element of the software provided to the customer, and more generally of the computer infrastructure (software and hardware) implemented or developed under the contract.

The Publisher represents and guarantees:
- that Applications they developed are original within the meaning of the French Code of intellectual property,
- that they hold all intellectual property rights allowing them to enter into the Contract.
The Publisher represents and guarantees that the Applications and Modules are not likely to infringe any third party’s rights.

The Publisher shall maintain and upgrade the Applications.
Maintenance shall be performed as follows:
- Corrective Maintenance: at any time;
- Upgrading Maintenance: outside working hours only.

The Publisher's technical support service shall assist users with the setup and use of Applications by phone or / and email.

Personal data
The Customer guarantees he has fulfilled his obligations under the Act of 6th January 6 1978 known as "Data Protection”, with regard to personal data transmitted to the Publisher for the use of the Packs and Modules.
Use of data
More generally, the Customer shall be solely responsible for the content and messages sent or downloaded via the Applications and Modules. The Customer shall remain the sole owner of the data that form the content of the Solutions.
Data security
Each Party agrees to use all appropriate technical means to protect the data.

In case of termination of the contractual relationship, regardless of the cause, the Publisher agrees to return [or destroy, as required by the Customer], free of charge, upon his first request by registered letter with acknowledgement of receipt and within fifteen (15) days from the date of receipt of this request, all data belonging to the Customer under an easily readable standard format in a similar environment.

Fees are in euros and are exclusive of tax
Prices for Packs and Modules may vary and may be listed in different currencies based on the customer location, all taxes excluded, if any.
Price of Subscription will be specified during the trial. The Publisher reserves the right to set up promotional offers which may differ from the current pricing policy.
Packs and Modules purchased by subscription are billed on a monthly basis, in advance which the customer agrees to pay the amount by authorised direct debit from his account.
Notwithstanding any damages, the non-payment of an invoice by the customer by its due date, will automatically lead to:
- the immediate suspension of Services until full payment is made;
- the automatic termination of the contract within fifteen (15) days from a formal notice sent by the Publisher by registered mail with acknowledgement of receipt which remained unanswered.

Obligations of the Publisher
The Publisher agrees to act with prudence and diligence in providing a quality service, in accordance with the practices in this area.
Backups are performed by the Publisher under the conditions presented on the website.
Customer data are stored on the Publisher’s servers for two (2) weeks after deletion by the Customer. To recover this information, the Customer must notify the Publisher within this period. After this period, these data will be permanently deleted.
Obligations of the Customer
The customer agrees to be bound by the terms of the licence and acknowledges that he shall use Hotel Optimiser in accordance with the TCU.
The customer acknowledges that Hotel Optimiser is a particularly complex platform, including in terms of information technology and that it has checked that they are fully compatible with his requirements and that he received all the necessary information and advice to enter into the Contract.
Responsibilities
The Publisher shall cover the customer from the date of access to the Pack and optional Modules, for any major flaw in programming. This guarantee will no longer be valid if any third party has been involved in the programs.
The Publisher provides no guarantee of performance or results, expressed or implied, statutory or otherwise.
Consequential Loss and Direct Damage - Cover
In the event of a fault proven by the customer, the Publisher will only be liable for the financial consequences of the direct and foreseeable damage as a result of the performance of the Services within the limits set out below.
Limits of Cover
In any event, the overall liability of the Publisher shall be strictly limited to the amount of an annual subscription to the Pack(s) and optional Module(s) selected by the Customer that caused the damage. This clause is essential for the Publisher and is part of the agreement of the Parties.
Under the current regulations, the Hotel Optimiser licence is provided "as it is” without any guarantee of any kind, expressed or implied.
Connections established by APIs provided by the Publisher to external service providers are in no way his responsibility. These are separate services from the service provided by the Publisher.
The Publisher reserves the right to stop Hotel Optimiser commercialisation, in whole or in part, without notice or compensation.
Cover provided by the Customer
The Customer is required to cover and pay compensation to to the Publisher for any claim or demand, including reasonable legal fees, made by a third party related to or arising out of the breach of the TCU or for misusing Packs and/or Modules or for the violation of any law or the rights of a third party.
Force majeure
None of the Parties will be held liable for any breach of theirs obligations whatsoever under the contract, if such breach results from: a governmental decision, including any cancellation or suspension of authorisations whatsoever, any strike total or partial, internal or external to the company, fire, a natural disaster, a state of war, a total or partial interruption or blocked telecommunications or power networks, computer hacking or more generally any other event of force majeure with the characteristics set out by case law.

Governing Law
The contract is governed by the French law, excluding any other legislation.
It the contract has been drafted or translated in different languages or translation, the French version will prevail.
Election of domicile
For the performance of the present contract and consequences arising thereof, the Parties respectively elect domicile in their at their head office referred to in the Special Conditions. Any change of head office or address of any of the Parties will be binding on the other party for eight calendar days only from notice.
Exclusive territorial jurisdiction
Within the limits provided by the current regulations, any dispute arising from the Contract as to its validity, its construction or its performance, will be the exclusive jurisdiction of the commercial court of Paris including in case of multiple defendants.