Terms and Conditions
Disclaimer - PAYMENT TERMS
- Commission is payable to eTourism on bookings that have been confirmed on arrival.
- Commission is charged on the 1 st day of each month. Monthly charges will include the commission on all bookings for the previous month.
- Payment must be received within 14 days of invoice or service will be temporarily suspended and a re-connection fee of $110 will be charged. To ensure services are not disrupted, we recommend implementing a direct payment process such as credit card or direct deposit.
- Payments that are more then 30 days overdue will incur a $5 minimum finance charge or monthly interest equivalent to 12% p.a. whichever is the greater.
- Should the client fall behind with payments, then any fees associated with debt recovery will be payable by the client.
GENERAL TERMS & CONDITIONS*
- The client understands that all details of their agreement are to be kept confidential.
- The length of the contract shall be for 24 months from date of authorisation. Every 12 months the Partnership Agreement will be renewed for a further 12 month period unless notice is given in writing of intention to terminate the Partnership Agreement.
- Should you be unhappy with the ELRes system and decide to terminate the Partnership Agreement, we will require 90 days notice in writing to terminate the agreement.
- The commission structure is based on the gross value of bookings which are confirmed on arrival.
- Free hosting for the website integrated with ELRes: If you wish to integrate with additional sites, fees may apply for the hosting of these sites (If applicable).
- The ELRes Reservation System is required to be hosted on eTourism’s dedicated servers. The Monthly Rental Rate includes the hosting of ELRes.
- The penalty for early termination of the partnership agreement will be $75 per month on any outstanding months. If there is less than 3 months duration left on the Partnership Agreement, the minimum penalty fees will be equivalent to 3 months.
- On termination of the Partnership Agreement, full payment of any outstanding future booking commissions is payable as a lump sum within 14 days of termination.
- eTourism retains all Intellectual Property Rights of the software and design.
- The client is granted a non-exclusive and non-transferable license of ELRes – Distributor for the term of this Partnership Agreement.
- eTourism reserves the right to include a discreet, minimised development tag on the bottom baseline of the home page and reservation system. This tag will be set at Arial 11pt font and bear the words 'ELRes Reservations Software Powered by eTourism' and will link back to the www.eTourism.com.au website. If the website is re-designed, developed or maintained by a third party company, the tag must remain.
- eTourism reserves the right to promote the client as a client of eTourism and include the client’s logo, name and contact details in marketing and advertising programs.
- The client agrees to indemnify eTourism against any claim, demand, liability or loss of any kind arising from (but not limited to):
- The client’s breach of this agreement;
- Any errors or misleading information provided by the client;
- The availability or quality of the product; or
- The unauthorised disclosure of your personal login details.
- The client undertakes that if the management rights of the property are sold they will obtain from the purchaser a covenant in favour of eTourism stating that they will abide by all of the terms and conditions included in this agreement.
- A breach of any of the client’s primary undertakings as listed under clause 13 will be treated as a repudiation of the Partnership Agreement by the client and entitle eTourism to terminate the Partnership Agreement and claim all outstanding commissions payable under the Partnership Agreement.
- The client undertakes to make the product available and honour all bookings made at the quoted sell rates at all times during the period of this partnership agreement. The client is to ensure that the quoted sell rates are competitive with the sell rates listed on similar websites. e.g Wotif.com
- The client undertakes to obtain all necessary licenses and otherwise comply with all legal requirements relating to the product, your business and your product.
- The client undertakes to ensure that all information provided by you is correct and complies with relevant applicable laws, regulations and standards.
* These terms and conditions may change without prior notice. For more information on any of these terms please contact your sales representative or to obtain the latest terms and conditions, please visit www.etourism.com.au/termsandconditions/ |