Terms & Conditions

Academy terms of use

1. Definitions and interpretation

The following words have these meanings in the Agreement unless the contrary intention appears:

Agreement means this Services Agreement including any annexure;

Business Day means any day excluding Saturday, Sunday, a public holiday in New South Wales and/or a Commonwealth public holiday;

Commencement Date means the date stated on the contract or order as signed by both an authorised representative of eHotelier and the client.

Confidential Information means any information that is:

• Information, ideas forms, specifications, processes, statements, formulae, trade secrets, drawings and data (and copies and extracts made of or from that information and data) that is not in the public domain is considered confidential information; and
• confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information;

Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created, written, developed or brought to existence by Client or the Provider in the provision of the Services;

Order Details means the order for Services provided to the Client from Provider from time to time; and

Services means the services specified in Item 5 of the Order Details or as agreed between the Parties from time to time.

• Interpretation

In this Agreement:

• references to a person include an individual, form or a body, whether incorporated or unincorporated;
• clause headings are for references only and shall not form part of this Agreement nor used in the interpretation of this Agreement;
• if the time of doing an act or thing under this Agreement falls on a day which is not a Business Day, then the time of doing that act or thing shall be deemed to be the next Business Day;
• words in the singular include the plural and vice versa in accordance with the context of which that word is used;
• words importing a gender include other genders;
• a reference to a clause is a reference to a clause in this Agreement;
• a reference to any of the words ‘include’, ‘includes’ and ‘including’ is to be read as if followed by the words “without limitation”;
• a reference to a statute, ordinance, code or law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of any of them;
• a reference to any party includes that party’s executors, administrators, substitutes, successors and permitted assigns; and
• each party has participated in the negotiating and drafting of this document and in the event of ambiguity or a question of interpretation arising, this Agreement is to be construed as if the Agreement was drafted jointly.

2. Commencing the Services

The Provider will commence the Services on the Commencement Date and provide them until the date 12 months thereafter, then on an annual basis until notification is given by either party to the other (prior to expiry of the twelve-month period) that the Services are no longer required or will not be provided in the following 12-month period.

3. Payment for the Services

Client agrees to pay the Provider an amount set out in Order Details (the ‘Consideration’). Client will make Payment of the Consideration pursuant to Order Details. Client will make Payment of Consideration by the method prescribed in Order Details.

Goods and Services Tax

Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with this Agreement and/or its Order Details, are listed in US dollars and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4. Copyright and Intellectual Property Rights

Intellectual Property Rights

• The Client recognises that all Intellectual Property are the property of Provider and the Client will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in Provider.
• The Client warrants that the Provider owns the Intellectual Property Rights in the Intellectual Property delivered to Client in the provision of the Services.
• The Provider grants to Client a non-exclusive, non-transferable licence to use the intellectual property rights owned by the Provider in the provision of the Services.

The Client hereby indemnifies and agrees to keep indemnified Provider against all liability, losses or expenses incurred by Client in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

5. Termination of this Agreement

For Client:

• The Client may terminate this Agreement by providing the Provider with a minimum of thirty (30) days’ written notice prior to the anniversary of the Agreement of Client’s intent to terminate this Agreement.
• Upon receiving notification of the Client’s intent to terminate this Agreement, the Provider will continue to provide the Services until the end of the current agreement.
• The Client will continue to pay the Provider for the remainder of the current Agreement.

For the Provider:

• The provider may terminate or assign this agreement by giving 30 days written notice to the Client.

6. Liability and waivers

• The Services are provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the services or in connection with the use, inability to use, or results of the use of the services, or website or any websites linked to it and any materials posted on it, including:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill; and
  • wasted management or office time
• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Waivers

• A waiver of any right, power or remedy under this agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
• The fact that a party fails to do, or delays in doing, something the party is entitled to do under this agreement does not amount to a waiver.

7. Privacy

Each Party and its Personnel agree to comply with its obligations under the Privacy Act 1988 (Cth) and, where applicable, by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR). Although the GDPR does not apply to our activities, we are committed to your privacy and we will provide you with the rights outlined in our Privacy Policy and any other applicable legislation or privacy guidelines as amended from time to time in relation to personal information collected, used or disclosed by that Party or its Personnel in connection with the Services and this Agreement.

Details on how eHotelier complies with the Privacy Act 1988 (Cth) and, where applicable, by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR) and how it collects, discloses, holds or uses personal information is available in eHotelier’s Privacy Policy as set out on eHotelier’s website or as provided to the Client from time to time. eHotelier reserves the right to amend its Privacy Policy as required from time to time.

eHotelier will take all reasonable steps to notify the Client in writing if it becomes aware of any actual, threatened or suspected breach of Data where such breach involves personal information.

This clause 7 will survive the termination or expiry of this Agreement.

8. General matters

The parties agree on the forms of communication pursuant to Item 8 of Order Details.

• Disclosure and Use of Confidential Information
  • All obligations of confidence set out in this Agreement continue in full force and effect after the Completion Date.
  • Neither party may disclose any Confidential Information to any third party, without the prior consent of the other party.
  • Each party must keep confidential the terms of this Agreement. If a party becomes aware of a breach of this obligation, that party will immediately notify the other party.
  • If a party uses any Confidential Information without the prior consent of the other, such party is liable for any damage suffered by the other and/or its affiliate as a result of the use.
• No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

• Governing Law & Jurisdiction
  • This Agreement is governed by the laws of New South Wales, Australia.
  • In the event of any dispute arising out of or in relation to the Services, the Client agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
• Dispute Resolution & Mediation
  • If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • A party to this Agreement claiming a dispute (the ‘Dispute’) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice’).
  • On receipt of the Notice by the other party, the parties to this Agreement (the ‘Parties’) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  • If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, either party may institute legal proceedings.
• Severance

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

• Assignment

The Client will not delegate, assign, novate and/or subcontract any obligations pursuant to this Agreement to any person.

9. Entire Agreement and Modifications

• • Both Client and the Provider confirm and acknowledge that:
    • This Agreement shall constitute the entire agreement between the Provider and Client and shall supersede and override all previous communications, either oral or written, between the parties;
    • No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and

If for whatever reason there is an inconsistency between this Agreement and any other agreement, this Agreement shall prevail.

Advertising terms of use

Artwork:

The client will supply all creative files. eHotelier reserves the right to approve all creative and copy, to deem it suitable before publication. Files should be supplied to eHotelier at least 48 hours before the intended launch date for testing and approval processes. Any files deemed unsuitable will be returned to the client for amending.

Portal and Newsletter Advertising:

eHotelier is designed to accommodate impactful, industry-standard (Square) sized display ads.

eHotelier will publish banners in the agreed space for the agreed length of time stated in the invoice. However, to meet the needs of all clients, eHotelier reserves the right to place banners on rotation (e.g. a banner from one client may be shared a percentage of the time with another client’s banner). In such cases, the client will be informed of the rotation before the additional banner(s) are published.  If real estate dimensions or positioning are changed, ehotelier.com will contact the client, informing them of the changes and any effect on the banners currently published. eHotelier will endeavor to provide ten working days’ notice to the client informing them of any such changes,

Creative:

• Sizes
  • Square – 250x250px
  • Tower – 240x400px
  • Banner – 728x90px
• Recommended format – animated gif, jpg or png (newsletter must be static)

Electronic Direct Mail (EDM)

Eblast mailings need to be coded and converted to HTML format as per the following guidelines:

• Create your eBlast flyer in HTML code web page format.
• The HTML pages must contain absolute paths to all files (images etc) contained in your artwork and layout. Images paths must start with the full domain name followed by the folder paths to where they are located on your server.
• eBlast pages must be hosted on your server, and the full URL must be sent to us for each specific mailing/flyer before the mailing distribution.

Please email the following details to [email protected]:

• Subject line
• Date and time to send your campaign in GMT
• URL to where your eblast is kept on your server

Supplier Listing:

Please email the following to [email protected]:

• Logo – 300x300px
• Company URL,
• Short description
• Long description – maybe in HTML including bullets, images and hyperlinks
• Contact email address
• Contact Name (not mandatory)
• Contact Telephone (not mandatory)

Payments: Payment must be received five days before the campaign start date for uploading and testing to commence. eHotelier.com currently accepts payment by bank transfer or online through PayPal/credit card.

Refund Policy: Refunds will be given at the discretion of the company management and only considered within the first seven days after the purchase. Don’t hesitate to contact the eHotelier advertising department with the sales details to enable us to evaluate your claim fully.

Liabilities: ehotelier.com accepts no liability for the content of external resources linked to this service but will review advertising if complaints are received.

Editorial

• Relevance: Listings must be of relevance to the hospitality industry.
• Approval: com will exercise editorial review of all listings submitted and reserves the right to deny such approval should the requested listing not meet the terms and conditions laid out in this document.
• Payments: eHotelier accepts payments via bank transfer or online through Paypal/credit card.
• Refund Policy: Listings are non-refundable.
• Liabilities: eHotelier accepts no liability for the content of external resources linked to this service but will review listings if complaints are received.