GuestRevu Terms & Conditions of Use for Customers

This Agreement is a legal agreement, made between you (“Customer”) and GuestRevu Limited (“GuestRevu”), and sets out the terms and conditions under which this agreement will govern the commercial use of all GuestRevu’s products and services as outlined below.

1. The Agreement

1.1. GuestRevu provides certain cloud-based technology services (the “Services”) either directly, or through a reseller, subject to the terms set out in this Agreement, and in accordance with the policies as detailed in section 8.

1.2. The “Services” refer to the whole of GuestRevu’s Reputation Management solution, the “GuestRevu Deliverables,” which are set out in section 4 of this Agreement.

1.3. All Customer personnel (“Users”) will use the Services under the Customer’s account, and will similarly be governed under the terms and conditions of this Agreement.

1.4. In this Agreement “you” refers to a Customer or individual User, as applicable.

1.5. By accessing and/or using the Services, you represent and warrant that:

1.5.1. You are an authorised User of a current Customer;

1.5.2. You have the appropriate authority to bind the Customer to this Agreement;

1.5.3. You agree to all the terms of this Agreement.

1.5.4. If you cannot agree to any terms of this Agreement, or make all of the foregoing representations and warranties, you agree that you will not access or use any of the Services.

1.6. This Agreement constitutes the entire Agreement between both parties and supersedes all prior oral and written agreements between the parties, and will apply to the exclusion of all other terms and conditions, including those you, the Customer, may purport to apply under your purchase order, confirmation of order, or similar document.

1.7. This Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales.

2. Terms and Termination

2.1. GuestRevu hereby grants the Customer and its Users a non-exclusive and non-transferable right to access and use the Services solely for the internal business purposes of the Customer during the term of, and in accordance with this Agreement. GuestRevu may, from time to time in the ordinary course of business, refine, modify, or improve current functionality or develop additional functionalities, the latter of which may be offered for free or at additional cost as determined by GuestRevu at its sole discretion.

2.2. Either party can terminate this Agreement provided a thirty (30) day notice period is given. In the case of Customers cancelling their agreement, notice of intent to cancel must be sent by email to support@guestrevu.com. In the case of GuestRevu cancelling the agreement, an email will be sent to the main user of the Customer. Notices sent by email in both cases will be deemed to have been delivered in 1 working day.

2.3. In the event that the Customer’s account with GuestRevu is in arrears for a period exceeding 7 days, GuestRevu reserves the right to restrict or suspend the Customers access to the services provided under this agreement until the outstanding payment is settled in full. GuestRevu shall notify the Client by email of the arrears and impending access restrictions prior to taking such action.

3. Payment

3.1. GuestRevu will provide invoices to the Customer for the Services, and the Customer agrees to pay all such invoices , in accordance with the Quote or Estimate supplied, and in the manner specified. All prices are exclusive of VAT or other applicable taxes unless specifically stated.

3.2. Except as otherwise expressly provided on the Quote or Estimate, the payment for the Setup fee invoice is due on signature of the Quote or Estimate, and such payment is required before any onboarding setup work commences. The payment for the Subscription invoice is due on receipt and in advance of any of the Services being used.

3.3. Annual price increases. GuestRevu reserves the right to implement annual inflationary price increases. Such increases are typically done at 5% annually but may differ according to region. These increases will reflect in the next billing cycle once the anniversary date has passed.

4. GuestRevu Deliverables

4.1. GuestRevu agrees to provide the following Services to the Customer.

4.1.1. Setup and provisioning of the Customer account in the GuestRevu Reputation Management solution.

4.1.2. Hosting and online access to the Reputation Management solution. This includes, but is not limited to: online access to reports and data; set up of a customised questionnaire(s); invitation and reminder emails; setup and provision of email notifications; integration to a Property Management System (PMS) where applicable; integration of social media channels where applicable; set up and provision of competitive datasets; provision of online reports via a dashboard; and the setup and provision of daily, weekly or monthly reports via email.

4.1.3. Hosting and online access to any additional products or services that may be added from time to time. This includes but is not limited to: any other services and reporting related to the main business of the company; content management; email services and communication; and mobile access.

4.1.4. Customer Support. This includes telephone, online chat, and email support queries during normal office hours; online supported related requests to administer the Services for amendments or changes to accounts; all maintenance upgrades; monitoring of the frequency of data uploads; and automatic provision of data and reporting where applicable and when requested.

5. Customer Obligations

5.1. The Customer will utilise the tools and services provided within the GuestRevu Reputation Management solution to:

5.1.1. Connect and authorise any relevant or applicable review sources where applicable

5.1.2. Add, Remove or edit Users within the Customer account, including the changing or resetting of passwords for each User

5.1.3. Input any translation text required for any surveys in the relevant section of the Customer account

5.1.4. Upload or edit any customised banners for any surveys or email templates in accordance with the specific sizes and resolutions

5.1.5. Input or alter any of the email templates with the Customer account

5.1.6. Add, Remove or edit and competitors with the Customer account

6. Warranties, Indemnities and Liability

6.1. GuestRevu will not be liable for any consequential or indirect loss or damage whatsoever, whether for loss of profit, loss of anticipated savings or costs for staff time, and whether arising out from negligence, breach of contract or howsoever, even if GuestRevu has been advised of the possibility of such damages.

6.2. GuestRevu does not warrant that the use of the Service(s) will be uninterrupted or error-free but will use its best endeavours to prevent such errors and/or interruptions occurring, and will remedy such errors and/or interruptions as soon as possible. The Customer acknowledges that the operation of the GuestRevu system is dependent on various hosting partners, bandwidth carriers as well as numerous integrations with other 3rd party technology partners. GuestRevu will not be liable in any way whatsoever, whether for loss of profit, loss of anticipated savings or costs for staff time, for any downtime in respect of any circumstance affected by such partners, including any pro-rata account charges. Customers may be required to consult and engage with the appropriate 3rd party technology partners where applicable and necessary for resolution.

6.3. GuestRevu’s entire liability under this Agreement shall be limited to the price paid for the Service(s) to which the claim relates for the last month.

7. Intellectual Property and other Rights

7.1. The Customer acknowledges that all intellectual property rights (including, without limitation, copyright, registered and unregistered trademarks, designs, processes and patents) provided in the Service(s) including, but not limited to, questionnaires, system code, algorithms, updates, programs, logos and website, or any material of any nature provided by GuestRevu is copyrighted and belongs to GuestRevu, or is licensed to GuestRevu. Nothing in this Agreement is intended either to licence or transfer any intellectual property rights to the Customer in any form whatsoever.

7.2. For the avoidance of doubt, all proprietary intellectual property rights in any materials the Customer provides to GuestRevu, including the Customer’s trademark, brand and logo belong to the Customer.

8. Data Protection

8.1. Both parties under this Agreement (the Customer and GuestRevu) agree to comply at all times with their respective obligations under the relevant and appropriate Data Protection laws and regulations in relation to all personal data that is processed by them, in the course of performing their respective obligations under this Agreement.

8.2. The Customer explicitly agrees that GuestRevu may process personal data on their behalf in connection with the provision of the Service(s) under this Agreement, and that such data may be used by GuestRevu in an anonymised format.

8.3. GuestRevu will implement appropriate technical and organisational security measures governing the processing and retention of such data, in accordance with its Data Protection Policy, its Data Retention Policy, its Data Processing Policy, and its Privacy policy. Copies of these policies are available on request by emailing gdpr@guestrevu.com.