General Terms and Conditions
LICENSE TO USE THE SOFTWARE
MC sistemi d.o.o., i.e. principal protel Hotel Software GMBH, Germany, as the holder of ownership and copyright rights (hereinafter the licensor) grants the CUSTOMER (hereinafter the licensee) a license to use the author's work - a computer software package (from the subject of the contract), which the licensee may to be used only to support the operations of the facility for which he concluded a contract with MC sistemi d.o.o. The software package left for use by the user remains the property of the CONTRACTOR, who reserves all property and copyright rights over the product. The licensee undertakes to use the computer software package (from the subject of the contract) in accordance with the licensor's instructions attached to the software package, use for other purposes is prohibited. The licensee may not modify the computer software package or the computer programs it contains or pass it on to a third party without the permission of the licensor.
WARRANTY - Software
The contractor ensures the proper functioning of the computer software package to the client within the given requirements and specifications as well as the applicable legislation known to both parties on the day of the conclusion of the contract. The contractor does not assume the guarantee that the software will satisfy the special needs of the user, which were not expressly determined in writing at the time of the conclusion of the contract. The user learned about whether the software package meets his needs and requirements before concluding the contract at the presentation of the software package.
Maintenance is subject to a separate maintenance contract. The signing of the contract is a mandatory annex to this contract. The contract is valid for the entire time that the client uses the software that is the subject of the contract. In the event that the customer terminates the maintenance contract, he must also notify the contractor in writing that he no longer uses the protel program. The USER is obliged to designate an administrator who is in charge of contacts with the CONTRACTOR. If the USER changes the administrator or other information that is necessary for the smooth cooperation of the CONTRACTOR and the USER, the USER undertakes to immediately notify the CONTRACTOR in writing and send the relevant information about the change.
RESPONSIBILITY OF THE CONTRACTOR
The customer must notify the contractor of any error in the software immediately or at the latest within three days of the error being discovered. In case of timely notification of the error from the previous sentence, the contractor undertakes to eliminate the error within a reasonable time without additional payment. In case of timely notification of the error by the client, the parties can also agree that the contractor will provide the client with a new version of the software that is compatible with the previous one instead of eliminating the error.
The contractor is not liable for ordinary damage or lost profit that could occur to the client due to a software error, except in the case of intent or gross negligence. In accordance with the previous sentence, the contractor is not responsible for damage caused to the client due to an error in the event of loss of hotel reservations, overbookings, incorrect prices for reservations and penalties in the event of tax and other legal irregularities.
In the event that it is not possible to exclude the responsibility of the contractor, in the event of damage, the parties can agree that the contractor will pay the client a flat-rate compensation, which in no case may exceed 100% of the monthly maintenance fee.
The Customer is responsible for ensuring that the prices of the Services entered into the Software, regardless of who entered them, at all times correspond to those created by the Client. This is especially true for prices transmitted from the PMS to online sales channels such as OTAs and hotel booking engines. The task of the contractor is to transfer the necessary knowledge to the customer for control and price changes with his full cooperation.
CUSTOMER'S RESPONSIBILITY FOR DATA ARCHIVING
The software package allows data to be archived, so the CONTRACTOR is not responsible for data loss that would occur when using the software package or otherwise. The CUSTOMER is solely responsible for performing data backups.
If the client uses the cloud version of protel PMS (protel AIR), the CONTRACTOR takes care of archiving within the framework of the cloud solution.
The contracting parties undertake to protect all information related to this contract as a business secret. The CONTRACTOR and the USER undertake to comply with the legally defined principles and principles regarding the security and confidentiality of data during processing. Otherwise, both parties are responsible for damages caused by the breach of trade secrets under this contract.
DURATION The maintenance contract is signed for the entire period of use of the contractor's software. In the event that the customer terminates the maintenance contract, he must send a written notification to the contractor that he no longer uses the protel program. In the event of termination of the contract, the customer can obtain a new version of the software only by purchasing/renting a new license.
© MC sistemi d.o.o., 2012 – 2020
Matej Cvikl, director