By subscribing to the Book365 services (the “Services”) provided by Globistack Limited and its affiliates (collectively, “Company”) in relation with the online appointment scheduling software (the “Software”), hosted on Company’s Cloud platforms (the “Cloud”), you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).
Is considered any failure of the Software that results in a complete stop, error traceback or security breach. Non-compliance with specifications or requirements will be considered as Bugs at the discretion of Company (typically, when the Software does not produce the results or performance it was designed to produce).
The duration of this Agreement (the “Term”) shall be for one (1) year unless agreed differently in writing. It is automatically renewed for an equal Term, unless either party terminates the Agreement.
For the duration of this Agreement, Company commits to making all reasonable efforts to remedy any Bug of the Software submitted by the Customer through the appropriate channel (typically, the ticket system), and to start handling such Customer submissions within 2 business days. As soon as the Bug is fixed the Software will be updated.
Company commits to apply the security remedies for any security Bug discovered in a version of the Software, on all systems under its control, as soon as the remedy is available, without requiring any manual action of the Customer.
Company will upgrade the Software as soon as a new version is available. This service is provided through an automated process.
It is the responsibility of the Customer to verify and validate the upgraded Software in order to detect Bugs, to analyze the impact of changes and new features implemented in the new version.
For the duration of this Agreement, Company commits to host the Software in the Cloud. The servers are running a recent Linux distribution with up-to-date security patches, with a firewall to aid in intrusion prevention.
Company will host the Cloud in an ISO 27001 certified datacenter with redundant power supply, climate control, and fire protection.
Company will install an SSL for the encryption of communication between the Customer and the Cloud.
Company will back up the database and files of the Customer daily. Company will keep 1 daily backup in a remote location at all times.
For the duration of this Agreement, the Customer may open an unlimited number of support tickets free of charge, exclusively for questions regarding Bugs or guidance with respect to the use of the features of the Software.
Other assistance requests, such as questions related to development or customizations may be covered through the purchase of a separate service agreement. In case it’s not clear if a request is covered by this Agreement, the decision is at the discretion of Company.
The Company will respond to the Customer’s support request with best effort.
The Customer may access the Software from any device at any time, from any location. In case the Software is not accessible, the Customer shall notify the Company. The Company shall make all reasonable efforts to restore the access of the Customer.
The Company may suspend or terminate the access of the Customer in the following cases:
The Customer will not be entitled to compensation for the period the Customer is not able to access the software.
The Customer can have unlimited booking units and unlimited booking pages.
The Customer can have unlimited bookings.
The Company will store the bookings of the Customer for maximum 90 days. After 90 days, the bookings will be deleted.
The Customer will have maximum 50 MB of storage for images and other files. Additional storage space will be charged at 1 euro per GB per year.
Either party may terminate the Agreement before the renewal date. The Customer can terminate the Agreement by clicking the Cancel button on the subscription page. The Company can terminate the Agreement by not renewing the Term or by giving notice by e-mail to the Customer before the renewal date. The Company may terminate the Agreement earlier in case of abuse or end of service (see below for more detail).
Company will charge a fee ("Fee") for the use of the Software and its features. Any services that are not included, will be charged separately.
All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with purchases made by the Customer under this Agreement, except when Company is legally obliged to pay or collect Taxes for which the Customer is responsible.
The invoices of Company (the "Invoice(s)") must be paid immediately by the Customer unless otherwise agreed in writing between Company and the Customer.
In the event of late payment by the Customer, Company will automatically be entitled to charge a default interest of 1.5% per month, calculated per day from the due date of the Invoice until the moment of receipt of full payment of the Invoice, without prejudice to any other rights and remedies available to the Company. The Customer will also be legally obliged to pay a flat-rate compensation of 10% of the total of the Invoice with a minimum of 250 euros for the recovery costs of the Company, without prejudice to the Company’ s right to claim additional compensation, if the Company can prove that its damage exceeds the aforementioned amounts.
Each Customer has to right to one (1) trial period. Trial periods are maximum 14 calendar days. A trial cannot be prolonged for any reason.
Customers who have bought the Software elsewhere, will receive a redemption code. Each redemption code can only be used once. Redemptions are final and cannot be cancelled.
The Customer with a lifetime purchase shall be able to use the Software for as long as the Software and/or Service is active and available with a guarantee of minimum 5 years (“Guarantee Period”) from the purchase date.
In the event that the Company will stop the Service and/or Software offering (“Service End”), the Company will post a notification on the website book365.biz at least 90 days before the Service End.
Lifetime purchase customers will have the right to claim a refund if the period between the purchase date and Service End date (“Lifetime Use”) is smaller than the Guarantee period.
The refund amount will be calculated based on the following formula:
(U = Lifetime Use, G = Guaranteed Period, P = price paid, A = refund amount)
A = (P / G) * (G – U)
Other customers will have the right to claim a refund for the remaining time on the Term based on the following formula:
(T = Term, R = remaining time, P = price paid, A = refund amount)
A = (P / T) * R
The Customer must claim the refund within 30 days from the Service End date with proof of purchase. It is the responsibility of the Customer to consult the website regularly to be notified.
This article constitutes the exclusive claim and remedy of the Customer in case of Service End.
All rights, including intellectual and industrial property rights, in the Software remain the exclusive property of Company and except for the limited expressly stated license, the Customer does not acquire any rights in the Software.
For the duration of this Agreement, the Customer obtains a personal, limited, non-exclusive, worldwide, non-transferable license (“License”), without the right to grant sub-licenses, for the use of the Software, in accordance with any Software documentation provided. The Customer may only use the Software for the internal business purposes.
In any case (non-exhaustive list) are not allowed: (i) to decompile, disassemble, decrypt, or attempt to discover the source code of the Software, except if, and only to the extent that, applicable law prohibits such restriction; (ii) editing otherwise than in accordance with the Software documentation or for purposes other than Customer's business purposes; (iii) use it as a basis for (developing) other products or services; (iv) renting, leasing, licensing, lending or otherwise commercializing, transferring or making available (whether or not for a fee), using as part of a facility management, timeshare or service bureau arrangement.
Any modification, adaptation, improvement, or derivative of the Software by the Customer or a third party acting on behalf of the Customer, will automatically and without Company being liable for any compensation, be the exclusive property of Company, including all intellectual and industrial rights in such changes, modifications, improvements, and derivatives. The Customer will, at its own expense, take the necessary actions to facilitate such transfer of rights without delay.
Company cannot be held responsible or liable for the failure to function in accordance with the Software documentation, or for any other defect in the Software, if due to changes to the Software not made by Company, or to the use of the Software other than expressly permitted. Costs associated with analyzing and remedying such defects are additionally payable by the Customer.
The conditions of this license apply until replaced or changed by Company. Such replacement/change will be notified to the Customer by Company (email suffices) and the new version will apply to all agreements after the notification date.
EXCEPT AS OTHERWISE SET FORTH IN A BINDING WRITTEN AGREEMENT BETWEEN THE COMPANY AND CUSTOMER, THE SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
To the maximum extent permitted by law, the aggregate liability of each party together with its affiliates arising out of or related to this Agreement will not exceed 50% of the total amount paid by the Customer under this Agreement during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.
In no event will either party or its affiliates be liable for any indirect, special, exemplary, incidental or consequential damages of any kind, including but not limited to loss of revenue, profits, savings, loss of business or other financial loss, costs of standstill or delay, lost or corrupted data, arising out of or in connection with this Agreement regardless of the form of action, whether in contract, tort or otherwise, even if a party or its affiliates have been advised of the possibility of such damages, or if a party or its affiliates’ remedy otherwise fails of its essential purpose.
Book365 respects the privacy of its customers, in particular their rights regarding the automatic processing of personal data. Our privacy policy can be found here: https://book365.biz/privacy
The Company may transfer this Agreement to another entity in whole or in part without the prior written consent of the Customer. The Customer may not transfer this Agreement to another entity in whole or in part without the prior written consent of the Company. Any waiver of any right from an Agreement can only be done in writing. The Company may subcontract its activities in the context of an Agreement, albeit that the Company remains responsible to the Customer with regard to such subcontracted activities.
An Agreement constitutes the entire agreement between the Parties with regard to the subject matter of that Agreement, and supersedes any prior written or oral agreement, offer, exchange of letters or proposal with regard to its subject matter. The Company will not be bound by any different or additional conditions as included in a purchase order or any other Customer document, even if the Company does not expressly reject these Terms and Conditions on a case- by-case basis. An Agreement can only be modified or supplemented by an addendum.
The possible nullity, invalidity and/or unenforceable of one of the provisions of the Agreement in no way compromises the other provisions of the Agreement. In such a case, the Parties undertake to negotiate in good faith in order to replace the provision in question with a valid and enforceable provision that is closest to the intentions of the Parties.
The Customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
English is the original. Any translations are made available for convenience only.
Unless otherwise expressly provided in an Agreement, no notice or notice of default from one Party to another shall have any validity under that Agreement unless made in writing by or on behalf of the Party concerned.
Any such notice and notice of default to be given by one Party to the other Party will be given by letter delivered in person, by courier or registered, or by electronic mail.
The law of Ireland applies to these Terms and Conditions and all Agreement unless agreed differently.