"Terms Of Use"

BOOKING WIDGET LIMITED  TERMS OF USE
The Website Terms of Use contain the following clauses:

1. Overview
2. Definitions
3. Intellectual Property
4. Responsibility of the Client
5. Links to other Websites and Services
6. Linking to and Using our Website
7. Accounts and Registration
8. Termination
9. Billing and Payment
10. Services, Pricing and Availability
11. Disclaimers
12. Changes of Terms
13. Limitation of Liability
14. Indemnification
15. Waiver
16. Third Party Rights
17. Communications
18. Force Majeure
19. Law and Jurisdiction

1. OVERVIEW
This ‘Terms of Use’ document should be read in conjunction with our ‘Privacy Policy’ and ‘Cookies Policy’, which together represent the legal terms and conditions covering the use of the services on the website of Booking Widget Limited (later referred to as 'we', 'ours' and 'us').
It is essential that you read and understand these terms before using our website and subscribing for any of our services. Please note there will be a requirement for you to agree to these terms before you can register to use our services. By using our website and services, you accept without modification to become bound by the terms, which may be modified by us without notice.
If you disagree with these terms of use or any part of these terms of use, you must not use our website or services in any way. Violation of any terms may result in termination of your account.

2. DEFINITIONS

'Client' is the business (company, partnership, sole trader or other legal body) that subscribes for our services and is our contractual counter party. The client is also referred to as 'you', 'your' and 'yours' in these terms of use.
'Authorised User' is any director, partner, owner or employee formally authorised by you to access our services using agreed authorisation codes and password security.
'Customer' is any customer of yours, whose personal data may be held on our system.
'Our Website' is the online site defined by www.bookingwidget.co.uk
'Our Services' are all those services available through our website and may include specific products.
'Our System' is the underlying systems space on which our processes and your personal data and that of your customer are stored.
'Database' represents all personal data of you and your customers.
'Pricing Plan' is set out on our website, which offers pricing plan options dependent on usage volumes and numbers of authorised users with individual authorisation codes and passwords, together with separately priced add-on services.
'Payment Period' comprises 30 days and commences the day you receive an email confirmation from us (see below in Accounts and Registration). Subsequent payment periods are for the immediately succeeding 30 days.
'Account' is the account covered by your pricing plan and agreed use of our services.
'Agreement' is the contract that exists between you and us which is covered by these terms of use and linked policies.

3. INTELLECTUAL PROPERTY

You are in agreement that we own all the intellectual property rights of all content within our services, website and databases.
This means none of the intellectual property within our services, website, databases, or that of any third party is transferrable to you at any point.
Third Party Intellectual Property
Our website may contain trademarks, logos, service marks, graphics of the third parties with whom we interact or do business. Any use of third party content will not infringe on their proprietary rights.
Fair Use of Intellectual Property
Your use of our services and website grants you no right or license to reproduce or otherwise use any of our trademarks, logos, service marks, graphics.
Your use of the intellectual property should be strictly in line with all of the information laid out in these terms.

4. RESPONSIBILITY OF THE CLIENT

General usage overview
You are entitled to access and use our services as listed below:

  • For internal business purposes in line with this ‘Terms of Use’ document and our ‘Privacy Policy’ and ‘Cookies Policy’ documents.
  • For legitimate and legally acceptable business purpose and use

You are not entitled to access and use our services as listed below:

  • If you are in breach of these terms and the specifics within
  • If you are a competitor of ours or a third party working on behalf of or with a competitor, unless you have contacted us directly and received prior written consent from us to proceed.

Responsibility for your account
You are entirely responsible for the operation of your account and the control and the use of your customer content and storage of all the materials (examples being text, graphics, video file, or computer software).
You must use your account in a controlled and secure manner.
You must have in place and operate effectively all reasonable measures to prevent unauthorised access to, or use of, our services (see 'Account security responsibility' below).
You must do all that is necessary to convey all required terms and policies to all authorised users of your account and it is your responsibility to ensure all authorised users comply with the terms and policies.

You must not:

  • use our services in any way that is illegal, commercially harmful or unethical or make them available to any third party for commercial exploitation.
  • use our services in any way that is obscene or depicts sexually explicit images  or is  discriminatory or offensive.
  • store any unauthorised third party applications and software onto our system.
  • access, store, copy, distribute, transmit or distribute any content that contains viruses or any content which is subject to legal action.
  •  use our system to send unsolicited commercial communications or incorporate  unethical, misleading or unwarranted content (such as spam).
  • cause damage or disruption to the integrity, performance and availability of our system and services.
  • make any attempt (or assist any third party) to copy, dismantle, disassemble, replicate or duplicate our technology offerings in order to build a competitor service.
  • make any attempt to access unauthorised areas of our system or other client accounts.
  • use your account in a manner intended to trade on the name or reputation of others.
  • use our website or services for any purposes related to marketing, without our express written consent.
  • conduct any automated data collection activities (eg scraping, data mining, extraction,  harvesting) on our website, without our express written consent.

Your responsibility for your customers' content
You and, through you, your employees are responsible for the accuracy, completeness and security of data collected from your customers and are responsible for dealing with your customer information in line with the Data Protection Act 1998, specifically in accordance with the eight principles of good practice set out in the Act (see our Privacy Policy).

5. LINKS TO OTHER WEBSITES AND SERVICES
Our website may contain links to third party sites and their services where we feel these offer useful information, service extensions and facilities to you. Your use of these third party links, their websites and their services and content is at your own risk.
Any contract entered into and service provided through a third party website is between the client and the third party. We recommend that you always review the terms and policies of any third parties we have links to or that we discuss with you, before making any commitment.
We have no responsibility over the way third party websites, services and content are managed and provided and do not endorse or approve them. Likewise we have no direct business link or direct association with these third parties and the nature and methods of their business. We are not accountable or responsible for your business relationship with them, or any damages or losses caused by you linking to them or your use of them.

6. LINKING TO AND USING OUR WEBSITE
You have overall responsibility for the way you use our website and services and are responsible for any breaches of use in line with our ‘Terms of Use'.
Linking to
Your link to our website must be for legitimate and legally acceptable business purpose.
If we feel our website is being misused generally, by you or any authorised user in any way, then we have the right and may well prohibit your links to the website and services, block certain IP addresses from future access or worst case bring court proceedings against you.
Website use
You should:

  • Not to use the website in any way that may cause damage to the site and content or impact availability.
  • Only copy, download and print pages from the websites for your own personal use and not use for any public exposure or for any form of republishing.
  • Not use any material for any commercial purpose, or redistribution (outside of what is permitted in these terms)

Your Customer use
We cannot and will not review the quality of all the content and material within the website that is posted by you and authorised users. We disclaim any responsibility for all content posted (examples being content inaccuracies, content that is an infringement of any rights, or harmful) and the use of the content or effect it may have.

7. ACCOUNTS AND REGISTRATION
Registration process
By registering to subscribe for our services through an account, you are confirming that:

  • you are the authorising body or have the relevant authority to register on behalf of the relevant owning body or named business entity you are registering.
  • you are the authorising body or have the relevant authority to use the sites, services and products on behalf of the relevant owning body or named business entity you are registering.
  • you are responsible for settling all the charges incurred from using your account, as set out in Billing and Payment.

When registering for an account with us either via direct contact or online, there is a requirement to apply through the account setup steps online within our website:

  • Within the setup you will need to go through the core setup steps entering the information fields where applicable.
  • You will need to specify the pricing plan you wish to trial.
  • Your account request, which constitutes an order (offer) will then be received by us for initial review and checks.
  • The account will be activated by us after receipt of payment (see Billing and Payment) and at the same time an email confirmation will be sent to the address supplied by you in the registration process. This constitutes formal acceptance of the order.

Trial Period
New clients have the option to experience a number of core features of our service through a free trial period of up to 30 days. We retain the discretionary right to refuse a free trial period if we feel you have benefited previously from a trial period with us.
All trial periods commence after our confirmation email has been sent to you and your account has been processed.
You have the option to terminate the trial period at any time. At the end of the trial period, if you have not already terminated and you wish to maintain access to our services, you are required to sign up to a pricing plan.
Signing up for a payment plan can be done in advance of or at the end of your trial period.

Account security responsibility
You have full and overall responsibility for:

  • Maintaining your own account and password and having overall responsibility for all authorised users and their passwords within your account.
  • Ensuring that each authorised user access will only used and logged into by a single person and at no point will be shared by multiple persons.
  • Ensuring that all authorised users keep their passwords secure and confidential and that you install relevant precautions to restrict unauthorised access to your account.
  • Making sure that all authorised users have been exposed to our ‘Terms of Use’ and ‘Privacy Policy’ and that they use the account strictly in line with our terms.
  • Informing us of any security breach.
  • Informing us of any inaccuracies or modifications required to the personal information within the account registration, making the necessary steps to keep the data accurate.

8. TERMINATION
Termination within the trial period
If you wish to terminate your use of our services in the trial period, then you will need to contact us by email (sales@bookingwidget.co.uk ) prior to the end date of your 30 day free trial. This termination will be effective once we issue a confirming email and access to the account will be closed. All data content generated will be deleted within 30 days of your termination.
Termination within a payment plan
If you wish to terminate your account and payment plan with us, you need to contact us by email (sales@bookingwidget.co.uk ) and receive a confirming email from us at least 30 days prior to your next monthly payment period, in order to terminate without going into the next payment period (you will still be liable for any outstanding add-ons you owe money against)
If you fail to notify as above, then you will be billed into the next monthly payment period This will make you liable for the payments of the elapsed days of usage into the next monthly payment period that accumulate prior to your notification to us, which will be automatically billed in a pro-rata manner, at the end of that payment period, with any additional money owed for service add-ons.
Upon termination you should not attempt to use the site or any of the services in relation to the terminated account. We will deny access to the account upon termination.
Upon completion of termination and payment of outstanding monies, all personal data content generated will be deleted within 30 days
Termination of an account by us
We have the unconditional right, without prior notice or liability to:

  • Deny access to your account if your usage violates any of the conditions set out in our terms. Removal of access may be temporary or permanent, as we consider necessary.
  • Automatically freeze the use of your account and disable your services, if you have failed to pay your outstanding bill within 30 days of issued date.
  • Block the rights to any third party services used through your account with us. We have no responsibility to notify them of this action.
  • Deny access to your account if payment is not received within the stated time period.

 Termination of an account by either party
Either party may terminate the account in writing without liability to the other party in the following circumstances:

  • Cessation of trading.
  • A winding up order, appointment of an administrator, liquidator or a creditor arrangement.

9. BILLING AND PAYMENT
General
Billing will be raised and payments will be made when you sign up for one of our payment plans. The billing will cover a 30 day use of the service provided under the chosen pricing plan, with the billing and payment process proceeding thereafter on consecutive 30 day cycles. The detail is covered below, including for any add-on services and changes in the choice of the pricing option.
When committing to a chosen payment plan, you agree:

  • To be responsible for and provide the appropriate payments to us for the pricing plan and any add-ons you have chosen.
  • To pay for the pricing plan and any add-ons chosen within the payment time period specified below and using the payment methods available from our website.
  • That any setup fees we may charge are non refundable.
  • To pay any late payment fees specified below.

Selection of your first payment plan

  • You can sign up for a payment plan through our website or by contacting us directly for assistance.
  • You must then make the initial payment for the chosen plan for 30 days usage and for any text credits you have optionally selected. Payment is required prior to usage of the plan services.

Transferring out of a 30 day free trial period

  • If you have selected to experience some of the features of our services through a 30 day free trial, you may transfer into your chosen payment plan at any time within the trial period.
  • At least 5 working days before the end of the trial period you will receive an automated email to give you notice and adequate time to select a payment plan and  complete the first payment process, as outlined above.

Continuation of your payment plan

  • At the next 30 day renewal period you will be billed for that plan period and any optional text credits you have chosen the ongoing payment period. Payment is required for the continuation of the service. You will receive an automated email reminder at least 5 working days prior to the renewal date.
  • You will be billed for any additional amounts due for a mid period plan upgrade (see ‘Changing your pricing options’ below).

Changing your pricing plan

  • You may wish to upgrade to a new pricing plan where your business circumstances change (increased number of authorised users or booking volumes – see also below). You can submit a change plan request on the system and add authorised users at any time during a plan period. The billing for the start of the next plan period will include a pro rata charge for the period of change during the current plan period.
  • The system will always show how many bookings remain throughout each 30 day plan period against the allowance available from your chosen pricing plan. Emails are automatically sent to you when the remaining bookings reach trigger points, when you will be asked to consider whether you need to upgrade your pricing plan to avoid the risk of booking activity being frozen if the pricing plan booking allowance is exceeded before the end of the 30 day period. You are always encouraged to email for advice, if any exceptional activity could take you in excess of the 30 day booking volume allowance.
  • Where you wish to reduce the number of authorised users and this allows you to move to a lower pricing plan, such a change can be effected on the system and will become effective for your next 30 day plan period.

Alternative payment frequencies

  • Clients wishing to enter into advance annual payment arrangements will benefit from a discount represented by a free 30 day extension at the end of the 12 pricing plan periods (i.e. after 360 days), after which the billing and payment terms continue,
  • Clients need to make prior email contact (sales@bookingwidget.co.uk) to initiate such arrangements.

Discontinuities in a client’s business operations

  • Where a client faces a significant period of dormancy (30 days or more) when no bookings are taken either routinely (e.g. seasonal businesses) or in exceptional circumstances (e.g. health or restructuring pauses), then prior email contact should be made to place a temporary change of status on your pricing plan. Booking activity will be frozen for the dormancy period, but your stored data and services will be protected and the 30 day plan charges will be discontinued. Agreement to such arrangements will only be effective when confirmed in writing by us and after receipt by us of a retainer fee equivalent to 25% of the pricing plan charge attributable to the dormancy period.

10. SERVICES, PRICING AND AVAILABILITY
Our services and pricing are all held within our website (www.bookingwidget.co.uk ), for you to review.
Services

  • Services provided by us to you are to be used in strict accordance with our terms of use and for normal and legally acceptable business purpose and use.
  • These services are only provided by us to you as an approved account holder and shall not be passed to any related company.

Availability
We shall use commercially reasonable efforts to ensure uninterrupted access to our website, 24 hours a day, 7 days a week, except where there are planned or unscheduled, urgent maintenance, when we will use reasonable effort to give you advance email notice of any such maintenance.
Pricing
Our pricing plans are detailed on our website (www.bookingwidget.co.uk ) and clearly identify the features available.
Prices on the website are exclusive of VAT.
Other than in exceptional circumstances, we will not modify our pricing more frequently than every 12 months. Any changes in pricing will be notified to you 1 month in advance of the changes being made. Any new pricing will come into effect, after the 1 month notice period has elapsed
Increases will be billed in pro-rata manner from the notified date of increase and then will continue on in the next payment period. Any decreases in prices will not involve any refunds and will become effective in the next 30 day payment period.

11. DISCLAIMERS

Although we endeavour to keep the information on our website up to date and correct, we make no warranties as to the completeness, accuracy and suitability of such information. We make no warranty that our services will be error free or that access will be uninterrupted or that they will meet all your requirements.

12. CHANGES OF TERMS

We reserve the right to vary, modify or replace these terms of use at any time where we feel it is required. The reasons could be for:

  • Legal or regulatory requirement changes.
  • Changes to services and additional features.
  • Changes to payment methods.

It is your responsibility to check these terms periodically for any modifications. The latest published terms represent our contractual dealings with and your continued use of our site and services represents your acceptance of these terms.

13. LIMITATION OF LIABILITY

Other than to the extent prohibited by applicable law, the following sets out the limitation of our liability to you (whether in contract, tort, or otherwise).
Under no circumstance or event will we be liable for:

  • Any loss of profits, loss of sales and business, loss of your business and business interruption, loss of reputation or goodwill or losses of a similar nature to this caused by your use of our services.
  • Any loss or corruption of data or information, or any responsibility for material and data you have posted.
  • Any loss of access, failure or delay to the service outside of our control and responsibility.
  • Any consequences arising from acts of omissions and general misuse by you.
  • Any special, indirect, incidental, punitive, exemplary or consequential damages, loss, costs, damages, charges or expenses.

In the event of any liability involving us, (whether in contract, tort or otherwise) the total liability will be limited to the sum of ‘payment period’ fees paid by you during the immediately preceding 12 month period to the liability event.

14. INDEMNIFICATION

If we or any of our employees or associates (‘indemnitees’) are faced with a legal claim arising out of your actual or alleged misuse of our services or breach of the Data Protection Act 1998, then you will pay any legal or other costs of defending such claim by the indemnitees and any damages award, fine or other cost imposed on the indemnitees from such claim.
You must comply promptly with our reasonable requests for information and cooperation in the defence of any claim, which would only be settled with your consent, so long as it is not unreasonably withheld, delayed or conditioned. You must pay reasonable legal fees and costs due under this clause as incurred by us.

15. WAIVER

Unless any of this agreement is found to be unenforceable or invalid for any reason, then all the provisions in this agreement are valid and enforced and no provision of this agreement shall be deemed waived, or changeable by you (unless any waiver that you have requested in writing is received and finally approved and agreed in writing).
If any waiver comes into existence, then that waivered provision is excluded from the remainder of this agreement and all other provisions remain valid and are enforced by us.

16. THIRD PARTY RIGHTS

These terms are for the benefit of you and us, and do not confer any rights on any person or party who is not a party to this agreement.

17. COMMUNICATIONS
We are happy to answer any questions and requests you have around these terms or our related policies.
If you wish to make contact with us then you may do this by:

  • Writing to:

      Booking Widget Limited, 10 Tannery Court, Bournemouth Road, Blandford Forum,
      DT11 9NF

18. FORCE MAJEURE
We will not be in breach of the Terms of Use if failure to provide our services is due to an event beyond our control, such as failure of the power grid, the internet or mobile devices connection, natural disaster, war, riot, insurrection, epidemic, terrorism or other events of a magnitude or type that are beyond reasonable commercial precautions.

19. LAW AND JURISDICTION
These terms, your contract with us and legal dispute, will be governed and interpreted by the laws and jurisdiction of England and Wales.



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