eTourism Holidays Marketing & Supplier Agreement Terms & Conditions
eTourism Holidays will promote your property through many distribution channels these will include but are not limited to etourismholidays.com.au and other accommodation focused websites, direct email marketing campaigns, the eTourism call centre and the eTourism Partners Program.
eTourism Holidays will create an Internet marketing campaign specific to your businesses requirements. The campaign may include the design and development of promotional websites, landing pages, Internet advertising and direct email marketing campaigns. This is a results focused marketing strategy set-up to deliver the best possible results with no up front cost. This campaign is ideally suited to properties that need an increase in bookings and are committed to increasing the return for their unit owners which in turn will increase their own business value!
Depending on the capabilities of your Property Management System we may be able to access rates and inventory directly from your system removing the need for manual allotments and manual entry of bookings.
Our referral fees for bookings generated via the eTourism Holidays distribution channel will be 10% for booking made within 14 days and 15% for bookings made outside 14 days (ex gst).
Terms & Conditions of the eTourism Holidays Marketing & Supplier Agreement *
- This Agreement commences on the Commencement Date and continues for a term of 24 months.
- In consideration of you supplying Inventory and Accommodation Data (“data”) by the listing of your property, eTourism Holidays will publish this data on including but not limited to eTourismHolidays.com.au and provide access to eTourism Partners Program.
- The supplier must supply inventory and data to eTourism Holidays to be published on eTourism Holidays network and be distributed through the eTourism Partners Program;
- eTourism Holidays will market the Supplier in a professional manner. The marketing of the Supplier may include the development of promotional websites; email marketing campaigns, internet advertising programs and the registration of promotional domain names which may include the properties name. In doing so eTourism Holidays agrees not to infringe on any trademark rights.
- The Supplier authorises eTourism Holidays to use relevant marketing material (data) including, logo's, property images, property information (property description, room information, features, location etc) through the eTourism Holidays network of websites when marketing the property. This data may be taken from the property website or supplied by the Supplier.
- The promotional websites will be advertised through various Internet advertising programs, marketing through various search engines and will be used as a landing page for the eTourism Partners Program.
- The promotional website will include the Suppliers branding, logo, pictures and other branding, marketing material supplied by the Supplier. eTourism Holidays will write content specific to the property. The branding of the site may be similar to the properties official site to ensure the customer is confident they're making the reservations with the correct property.
- The Supplier will pay to eTourism Holidays referral fees for any bookings made within 14 days before date of arrival, a 10% referral fee and a 15% referral fee for bookings made outside of 14 days from arrival. These fees are ex GST.
- Commission are billed on the 1st day of each month. Monthly charges will include the commission on all booking arrivals 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 $10 + GST minimum finance charge or monthly interest equivalent to 15% p.a. whichever is the greater.
- Should the Supplier fall behind with payments, then any fees associated with debt recovery or legal action will be payable by the client.
- The Supplier will undertake to make the product available and honour all bookings made at the quoted sell rates at all times during the period of this agreement plus 60 days post the agreement. The Supplier is to ensure that the quoted sell rates available to eTourism Holidays are the same as or cheaper than those sell rates listed on all other websites including Wotif.com, the official property website.
- The Supplier will not publish, or make available, your password to any third party.
- The Supplier understands that all details of this agreement are to be kept confidential.
- eTourism Holidays will distribute the Supplier's Inventory to On-line Customers via websites including but not limited to eTourismHolidays.com.au and the eTourism Partners Program.
- eTourism Holidays will provide the Customer with reservation confirmation once a booking has been made and provide the Customer with your contact details for post booking requests, cancellation and amendment of bookings.
- eTourism Holidays has the right to remove, at its sole discretion, any offensive or inappropriate material from eTourism Holidays without giving notice to you.
- eTourism Holidays has the right to make changes, including but not limited to, enhancements amendments to eTourism Holidays network of website and the eTourism reservations system without notice to you.
- eTourism Holidays has the right to make changes to this Agreement from time to time. Any such changes will be notified to you on the eTourism Holidays website.
- eTourism Holidays does not warrant that the access to eTourism Holidays or its use will be uninterrupted, virus-free, error free, continuous or fault-free as the operation of the site may be interfered with by numerous factors outside the control of eTourism Holidays.
- The Supplier represents and warrants that you are the owner or are legally authorised to act on behalf of the owner of the Inventory and complies with all applicable laws, statues, ordinances and regulations.
- To the extent permitted by law, eTourism Holidays liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at their option, to one or more of the following:
i) the cost or replacement of the access to eTourism; or
ii) the cost or repair of the access to eTourism Holidays.
- eTourism Holidays relies on the Supplier's continued observance of this Agreement. In the event eTourism Holidays suffers loss or damage or incurs any costs associated with the Supplier's breach of any of the terms of this Agreement or any associated legal obligation, then the Supplier agrees to indemnify eTourism Holidays for those losses, damages and costs.
- eTourism Holidays will not be liable to the Supplier for any loss, damages, cost or expense for any booking cancellations for the Supplier's Inventory . The Supplier will be responsible for imposing any cancellation fees directly with the Customer in accordance with its usual payment terms and conditions.
- eTourism Holidays liability to the Supplier for any claims or actions arising from this Agreement will be limited to the aggregate of the Referral Fees paid by the Supplier as at the date of the claim or action under this Agreement.
- The Supplier releases and discharges eTourism Holidays from any action, proceeding, claim or demand which is or may be brought, made or prosecuted or threatened against eTourism Holidays in respect of any loss of or damage that may arise either directly or indirectly in any way connected to the Supplier's use of eTourism Holidays.
- eTourism Holidays reserves the right to suspend access or terminate the Agreement effective immediately by providing written notice, including by email, if:
(a) the Supplier commits a breach of any of the terms in this Agreement;
(b) the Supplier commits a serious or persistent breach of any of the provisions of this Agreement or performs any wrongful act or misconduct or any other wrongful or negligent act or does anything as a result of which eTourism Holidays shall incur liability to any person; or
(c) the Supplier becomes, threatens or is in jeopardy of suffering an Insolvency Event.
- The Supplier may terminate the Agreement without penalty by providing 30 days written notice if:
(i) eTourism Holidays commits a breach of any of the terms in this Agreement, and has failed to rectify this within 30 days of being notified in writing of such breach.
(ii) eTourism Holidays given price parity and available product to sell, fails to generate any bookings within the previous 6 months,
- The supplier may terminate this agreement at anytime by providing 30 days notice subject to paying an early termination penalty, as well as settling any current or future commissions due to eTourism Holidays within 7 days of notice, The early termination penalty payable by the Supplier will be calculated by averaging the past 6 months monthly commission and then multiplying it by the remaining months within the term of the agreement.
- The parties undertake to take all reasonable steps to ensure the integrity and confidentiality of the Personal Information obtained pursuant to this Agreement.
- The parties shall:
(i) observe the National Privacy Principles under the Privacy Act 1988 (Cth); and
(ii) not disclose, use or hold any Personal Information in breach of the Privacy Act 1988 (Cth).
- A party will indemnify and keep the other indemnified against all costs (including reasonable legal costs) expenses, losses, claims, orders and determinations suffered or incurred by, or made against, a party as a result of the other party not complying with its obligations, determinations or orders regarding privacy.
- eTourism Holidays reserves the right to all Intellectual Property developed within the term of this agreement or owned by eTourism at the time this agreement commenced. This may include but not limited to websites, domain names, marketing strategies and campaign content and website content and photography where owned by eTourism Holidays.
- eTourism Holidays reserves the right to promote the Supplier as a client of eTourism Holidays and include the Supplier's logo, name and contact details in marketing and advertising programs.
* 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/terms-conditions