1) ACKNOWLEDGMENT AND ACCEPTANCE OF HotelBeam.com INTERNET SERVICE AGREEMENT
1.1) The HotelBeam.com Internet Service (or the "Service"), owned and operated by SIFOR SRL Unipersonale (or "SIFOR") is provided to you ("you" or "Applicant") under the terms and conditions of this Service Agreement (or the "Agreement").
1.2) BY COMPLETING ONE SERVICE ORDER FORM AND CLICKING THE "Submit" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE ORDER FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.3) SIFOR reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.
1.4) The Hotel Directory Listing Service option is provided FREE of charge. SIFOR may change it to a fee based option in future, from which time the Applicant will have at least one year time free hotel directory listing service. Applicant may then apply for the fee based Service.
1.5) The Hotels for Sale Listing Service option is provided FREE of charge. SIFOR may change it to a fee based option in future, from which time the Applicant will have at least three month time free hotels for sale listing service. Applicant may then apply for the fee based Service.
2) DESCRIPTION OF HotelBeam.com Internet SERVICE
2.1) The Hotel Directory Listing Service option is provided by SIFOR to consider and list your accommodation property website for inclusion in HotelBeam.com directory of websites located at www.HotelBeam.com (or the "Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in SIFOR's sole discretion, if your website is accepted for inclusion in the Directory then your website's continued inclusion in the Directory will be subject to additional review each year. SIFOR will consider your request for inclusion in the Directory and a member of SIFOR's editorial staff will look at your site. If your website is accepted by SIFOR it will then be included in the Directory. As part of the Service, if your website is accepted for inclusion in the directory, you can also activate and maintain a "Hotel Page" where you can include additional information regarding your accommodation property.
2.2) The Hotels for Sale Listing Service option is provided by SIFOR to consider and list your hospitality property for sale for inclusion in HotelBeam.com Hotels for Sale directory located at www.HotelBeam.com (or the "Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in SIFOR's sole discretion, if your property is accepted for inclusion in the Directory then your property's continued inclusion in the Directory will be subject to additional review each time the property advertising page is edited. SIFOR will consider your request for inclusion in the Directory and a member of SIFOR's editorial staff will look at your advertising page. If your advertising page is accepted by SIFOR it will then be published in the Directory. As part of the Service you can activate and maintain a hotel advertising page where you can include information regarding your hospitality property for sale.
2.3) SIFOR, however, reserves the right to remove your site/property listing and/or your "Hotel Page" and/or property advertising page in its sole discretion and without notice.
2.4) NOTHING IN THIS AGREEMENT OBLIGATES SIFOR TO LIST, LINK TO OR OTHERWISE ACCEPT YOUR SITE AND/OR PROPERTY ANYWHERE IN THE DIRECTORY. IN ADDITION, IF YOUR SITE AND/OR PROPERTY IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES SIFOR TO PLACE YOUR SITE AND/OR PROPERTY WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE AND/OR PROPERTY.
3) MINIMUM SITE AND/OR PROPERTY CRITERIA
All websites submitted to the Service for the Hotel Directory Listing Service option or for the Hotels for Sale Listing Service option, whether first submission or modification of a previous submission or modification of an already listed site and/or property, must meet the following minimum criteria:
- You accept that All contact details and all other information for the accommodation property you have made available for publishing through the submission process, including E-Mail, Tel. No, Fax No, Postal Address, will be shown in the Directory.
- The site shall include not more than one accommodation property, if more than one accommodation property is included separate submissions shall be made for each one of the accommodation properties included in the site.
- The official business name and contact details must be visible to any visitor to that site.
- The site must easily provide information as pictures, description, rates, cancellation policy, reservations and contact details.
- The site must not contain any parts under construction.
- All links on the site must work (and must link to relevant content).
- The site must be in the English language (or have an English version available).
- If the site contains animation and multimedia there shall be a mean for skipping and/or excluding heavy and slow animation and/or multimedia.
- The site must not be hosted by a free internet service provider and must be up and running 24 hours a day, 7 days a week.
- The site must support multiple browsers.
- The site must not contain any content, products, services or other information that may be illegal, that may infringe or violate anyone's rights, or that may be inflammatory, offensive, or otherwise inconsistent with the spirit of the Service.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND SIFOR, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE. SIFOR SHALL NOT GIVE REASONS OR NOTICE FOR ACCEPTING, REJECTING OR REMOVING A SITE FROM THE DIRECTORY.
4) SELECTION AND LISTING OF SITES AND/OR PROPERTIES
4.1) SIFOR reserves the right to decide whether, where, and how a site and/or property is listed in the Directory. If SIFOR accepts your site and/or property for inclusion in the Directory, SIFOR will consider your preferences, but reserves the right to list your site and/or property in any category or subcategory as SIFOR deems appropriate, in its sole discretion. Once SIFOR accepts a site and/or property for inclusion in the Directory, that site and/or property shall be treated as any other listing in the Directory. SIFOR reserves the right not to include any specific comments, information or annotations with the listing of a site and/or property in the Directory.
4.2) SIFOR also reserves the right, in its sole discretion, to remove your site and/or property from the Directory, move the listing to a different category or subcategory, and change or remove any comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site. SIFOR shall not give notice or reasons before removing a site and/or property from the Directory.
5) FEEDBACK
5.1) SIFOR may contact Applicant by email describing whether the site and/or property has been accepted or rejected.
5.3) Applicant will keep its account up to date with a working email address, contacts, site and/or property information.
6) PARTICIPATION
If you wish to discontinue participation in the Service, please send a message and SIFOR will remove your site and/or property from the directory and cancel your account.
7) APPLICANT PRIVACY
7.1) SIFOR maintains information about Applicant on SIFOR servers and paper files, including but not limited to Applicant's order information. Applicant agrees that SIFOR may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that SIFOR may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of SIFOR or others; provided, however, that nothing in this section shall impose a duty on SIFOR to make any such disclosures.
7.2) SIFOR may contact Applicant regarding the Service using the Applicant's email address provided during the order process (or as updated by Applicant).
7.3) SIFOR may contact Applicant using the Applicant's email address provided during the order process (or as updated by Applicant). Such email messages may contain advertisement. opportunities regarding services and products from SIFOR and its advertisers.
8) INDEMNITY
Applicant agrees to indemnify, defend and hold harmless SIFOR, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. SIFOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.
9) DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
SIFOR, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF SIFOR IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, SIFOR'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE AND/OR PROPERTY, OR SIFOR'S CONTINUED LISTING OF A SITE AND/OR PROPERTY IN THE DIRECTORY.
SIFOR'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO SIFOR UNDER THIS AGREEMENT.
10) FORCE MAJEURE
SIFOR is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from any cause, including also but not only force majeure, whether within or beyond its reasonable control.
11) NOTICES
Any notices or communications under the Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to SIFOR, such notices shall be addressed to support@hotelbeam.com. If to Applicant, such notices shall be addressed by electronic mail to the address specified in the order form by Applicant, or by electronic mail or fax to such other address or fax No as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that SIFOR is notified of any changes to Applicant's address as specified in this Section.
12) ENTIRE AGREEMENT
This Agreement, together with HotelBeam website Terms of Use and Privacy Policy, constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.
13) GENERAL
The Agreement and the relationship between Applicant and SIFOR are governed by the laws of Italy. SIFOR SRL Unipersonale is registered in Cagliari, Italy - VAT and registration No 02546350923. Applicant and SIFOR hereby submit to the personal and exclusive jurisdiction of the Court of Cagliari, Italy, for the resolution of disputes arising from or in connection with this Agreement. SIFOR's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Court of Cagliari, Italy, within one (1) calendar year after such claim or cause of action arose or be forever barred. The section titles and the text formatting in the Agreement are for convenience only and have no legal or contractual effect.