General Terms of Business
In this Policy “We”, “Us”, “Our” or “DIGI Consulting” means DIGI Consulting Limited. registered in England, with a registered office at 21 Regis Place, 10 Llanvanor Road, London, NW2 2AP, United Kingdom and with company number 10749352. Our official website is www.digieva.net .
If you are an End-User, we provide our Software to you. By using our Software, you agree to the provisions of the present General Terms and Conditions for EVA Hotel Receptionist software (the “Terms”) and the provisions of our:
- Information security policy;
- Data processing agreement (“DPA”);
- Support terms;
Please read them carefully and regularly check for updates. If using the Products on behalf of a business or other legal entity, that business or entity accepts the Terms. By subscribing to use our Software you agree to hold harmless and indemnify us and our affiliates, officers, agents, and employees against any claim, suit or action arising from or related to the use of the Software in violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Certain Software or Software features may require the acceptance of additional terms. Where applicable, such terms will be provided to you. Such additional terms will be an integral part of these Terms and vice versa. In case of contradiction between these Terms and the additional terms, the relevant additional terms will prevail.
1. Common definitions
You are an “End-User”, if you have an active Subscription to use the Software but not to distribute it.
“Sales Agents” or “Resellers” (“Agent/Agents”) are each and all third parties, contractually entitled by us to promote our Software and/or provide Support.
“End-user agreement” or “Agreement” is any individual agreement made by and between you and us or our Agent, signed electronically or on paper, or any de-facto or formally accepted proposal, issued by us or by our Agent, granting you a Subscription and listing the software features, relevant terms and conditions, and inclusive support as delivered and specified by us.
“Software” means EVA Hotel Receptionist software product hosted and operated on hardware under our control and provided to you via Internet, any locally installable EVA Hotel Receptionist labelled software, as well as the software updates and the relevant interfaces. The term Software also includes the associated documentation (Software user manuals, reference manuals, inline help resources or parts of them) published on-line by us under these Terms or the relevant Subscription, which documentation might be updated periodically. In some instances, the term “Software” also means third-party software components, operating in conjunction with EVA Hotel Receptionist labelled software if such are delivered by DIGI Consulting, but not by our Sales agents, as part of your Agreement. The term “Software” does not include any other third-party software or software components, including such developed by our Sales agents. Our Sales agents undertake to specify clearly in all correspondence with End-users, in all Proposals and in all Agreements which components are not a “Software” under the above terms.
“Subscription” is our undertaking to grant you the use of software and Support under the terms and conditions of your Agreement.
“Support” are any and all services, delivered by us or by our Sales Agents to you personally or electronically, on-site or remotely in respect to our Software, which include, but are not limited to, training, maintenance, remedy of malfunctions, training videos, product or feature setup or activation, online issue resolution, ongoing support, product articles, inline assistance resources, knowledge database records.
“Support Terms” are our terms and conditions for provisioning of support services related to EVA Hotel Receptionist labelled software, including those relevant to the initial implementation of our Software, which are published on the Support page of Our Web Site and which might be updated from time to time.
“Our web site” will be published and made available for you online at www.digieva.net.
2. Subscription and End-User Agreements
2.1. Should you like to use our Software for automating the operations and daily management of business units (hotels, accommodation units, restaurants, etc.), you must hold an active Subscription, granted to you under an end-user agreement. Each Subscription will grant access to our Software for a named period (“Subscription term”, “End-user agreement term” or just “Term””) and for a named business entity (hotel, accommodation property, restaurant, etc.). You will not be able to use our Software without a Subscription, including not being able to access the data recorded prior to the expiration of your last Subscription.
2.2. We believe you will be entitled to decide which features of our Software and what Support services (“Support plans”) you like to be included in your Subscription and respectively in your Subscription fees. We also believe it is fair to calculate the fees for our Software based on the volume of your business entity (e.g. number of hotel rooms, number of restaurants, etc.) or whereas possible on the real usage. Hence, we will let you decide with each Agreement which specific features of our Software (“Add-ons”, “Modules”, “Products” – all for brevity “Software features”) you include in your Subscription or what named entity-, volume-, protocol-, transaction – and quantitative- based allowances or restrictions will apply to your Subscription. All Software features will clearly be specified in your Agreement.
2.3. Some of our Software features may require that you have active service accounts and/or licences for software provided by other vendors, for example, a Facebook account, current representation agreement with an online travel agent, a PayPal account or a Microsoft Office licence, etc. If you can’t acquire or retain such third-party accounts you can change your Subscription after it expires under the terms of your Agreement with us, but that will not discharge you from the obligation to pay your fees for the current Subscription term or will not be a reason for any discounts or compensations from us meanwhile.
2.4. Our Subscriptions and Software are subject to system requirements. You will use our Software only on hardware, operating systems, network environment and technical devices which meet our System Requirements, as published on Our Web Site or as advised by us in writing. You are only entitled to use our Software through the graphical user interface (“GUI”) or application programming interface (“API”) provided you follow our instructions and policies. You will not use our Software in ways not permitted by law or under the applicable Licence restrictions. If you violate those rules, we may suspend or terminate the provision of our Software to you without any compensation and without discharging you from the obligation to pay the applicable fees for the current Subscription term in compliance with your Agreement. You will solely be liable for such non-permitted or unlawful use in front of us, our Sales agents, any state authority or any third party.
3. Modification and termination of existing Subscriptions
3.1. As we work constantly to improve our Software and Support plans, we will be entitled to introduce new, modify or discontinue some of our existing Software features or Support plans. If we do so, we will inform you in writing.
3.2. If we modify an existing Software feature, included in your Subscription, updated Subscription terms will become effective for you upon the expiry of your active Subscription, but not less than 90 days subsequent to our written notification, delivered to you. In the unlikely case that we discontinue a Software feature or Support plan, which has been included in your Subscription, we will automatically replace it with the closest equivalent or remove it from the applicable Subscription fees as of the moment it has been discontinued. If you do not agree to the modified Subscription terms, you can discontinue the use of our Software. You can discontinue the use of our Software at any time. If you do so, we will be very sorry to see you leaving. However, we will not reimburse any paid fees for the remainder of the current Subscription term.
3.3. In case of misuse of our Software, for which you have been notified in writing but have not acted, including, but not limited to, continued misuse of our GUI, API or of extraordinary volume of requests from your IP to your account, we remain entitled to suspend or terminate the provision of our Software to you. In such case, you will not be discharged from your obligation to pay the fees for the current Subscription term under your Agreement and you will not be entitled to any discount or compensation.
4. Billing, Plan Modifications and Payments
4.1. The Software is made available on a pay-as-you-go basis and is charged at the start of End-User’s elected subscription term (generally monthly) via Paynetics, Stripe or PayPal.
4.2. The Software provides an interface for the account owner to change credit/debit card information (for example, upon card renewal). The End-User will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of their subscription. All subscriptions will automatically renew at the end of each subscription period until cancelled by the End-User. You will not receive further notice of auto-renewal. DIGI will charge a one-off installation fee added to your pricing which can be checked on our website.
4.3. If the End-User chooses to upgrade the plan during the elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to the account. Subsequently, the End-User will be charged the adjusted rate on the next billing cycle. The End-User will not see a prorated charge or credit in the current month, but the new billing rate will be reflected on the next monthly bill. Regardless of the billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for unused time if the End-User closes the account before the end of the subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading the plan level may cause the loss of content, features, or capacity of the account and DIGI does not accept any liability for such loss.
4.5. A valid credit/debit card, Paynetics, Stripe or PayPal account is required to subscribe to our service. DIGI bills the End-User through a secure online account for use of the service. We have an SSL certificate that prohibits Your sensitive credit/debit card information from being intercepted. Your complete billing information is not stored on our servers.
4.6. If the End User can restart the account once it has been cancelled but this could be subject to another installation fee.
5.1. DIGI Consulting is exclusive holders of the title and the copyright to the Software. Any other content, including any data, visualized on our web site or within the Software, may also be copyright-protected and belong to us, to our affiliates or to third parties. By using our Software or Support, you will not have any title or intellectual property, neither will you have the right to use that content or data for any purposes other than using the Software.
5.2. When the title and the copyright to Software and/or Support is not our exclusive property, we guarantee we have duly been entitled to distribute the said Software and/or Support, including the rights to grant to you Subscription and/or End-User Agreement, and we will remain so entitled without any limitations for the entire Subscription term and/or End-User Agreement Term. Your Subscription does not prevent or restrict us to grant Subscriptions to any third parties to use our Software. Providing Software and Subscriptions is and will always remain an exclusive right of ours.
5.3. We will remain entitled to protect our copyright by any technical or other means, including deactivation of your Subscription or the banning of requests from your IP in case of repeated/continuous misuse.
6. Update of the Software
6.1. We will modify and update our Software by releasing System updates. We will run these System updates at our discretion, so the next time you log in to your account you will be using an updated version of our Software. The update of the Software may cause short interruptions of your access to your account, which we will always try to minimise. We will notify you in advance for any such planned procedures, unless in the cases of system updates designed to fix critical system defects or issues.
7. “As-it-is’ licence and modification of the Software and the Support
7.1. By using our Software, you understand and accept that we have developed it as uniform and serial Software for the general public, not for you. The Software is distributed under DIGI Consulting’s trademark and titles. As we work constantly to improve our Software and Support plans, we will be entitled to add, modify or remove Software features to/from our Software or Support plans at any time. However, although we always appreciate suggestions and improvement ideas, we will not be obliged to implement any changes or modifications to our Software or Support, including to the extent permitted by law fixture of possible Software bugs. If we stop providing a Software feature or Support plan, we will try to notify you in advance within reasonable time and replace it with its closest equivalent. The modification of the Software and Support plans remains an exclusive right of DIGI Consulting.
7.2. If you submit feedback or suggestions about our Software or Support as a whole, we may use your feedback or suggestions without prejudice, entering no obligation to you. We are entitled to use your feedback, feature requests and other ideas and/or recommendations for extending or improving the functionality of the Software or the Support. In such an event, you are not entitled to any reward and/or compensation and/or share of the copyright.
8. Actions which you are not allowed to perform
8.1. Under no circumstances, you will be entitled to use our Software for purposes different from those they are designed for. You will not be entitled to access or attempt to access the physical databases or application files located on our technical means. You will not attempt to access or modify any data stored on servers or technical means under our control by means different from our standard GUI or API.
9. Disclaimer as to content and data not uploaded by us
9.1. You can submit data or content, including but not limited to logos, property descriptions, room descriptions, visualised to the general public or to specific recipients through our Software. It is your sole responsibility to ensure that the submitted data or content does not contain any copyrighted materials of a third party or any false or misleading information. If notified of such by a concerned party, we will be entitled to remove such data or content. Our Software might visualise some data or content that are not ours, for example, information about properties or prices, uploaded or submitted by other End-Users of our Software. The person that makes such data or content available is exclusively responsible for it. We are entitled to review and remove any data or content that we consider inappropriate or in violation of the law. However, you will not assume we do so.
9.2. You agree that if you find any false data or content or information, for example, wrong or misleading property or rates descriptions, you will direct your complaint and resolve your dispute directly with the entity which has made this information available. You agree that we or our affiliates are not responsible for any direct or indirect loss, damage or consequence, resulting from such data or content. By using our Software, you agree that you will only submit truthful and correct data or content. You agree that while using the Software, you will not violate any law, you will not infringe the intellectual property of any third party, you will not violate any obligatory undertakings that you hold to third parties and you will not submit any wrong, misleading, irrelevant, discriminating, abusive or otherwise illegal data or content.
9.3. If you, however, do so, we are entitled to remove such data or content or even suspend the provision of our Software to you without discharging you of your obligation to pay the fees for the current Subscription term or any discount or compensation for you. By using our Software, you give us and our affiliates the right to use, host, visualise, modify, transmit, publish, display and distribute any data or content that you submit or upload to our Software. This right is valid worldwide and will be used by us only in relation to operating our Software. It remains valid even after your Subscription expires or you stop using our Software.
10.1. We clearly understand the importance of the Support we provide for you. That is why we have established strict Support Terms. By subscribing to, by ordering or by using our Support you accept and agree to our Support Terms. The Support plan included into your Subscription (if any) will be clearly defined in your Agreement.
11. Warranties and limitations
11.1. As a warranty of our Software, we undertake to remedy only those software bugs or defects that cause complete or significant interruptions of the operation of our Software or loss of data. We will be granting such warranty during the entire term of your Subscription or End-User Agreement. As a responsible software developer, we will try to remedy as many software bugs or defects as possible, even those not meeting the above criteria. However, we do not undertake such obligation within our warranty.
11.2. To remedy programme bugs or defects, we will release new versions and apply them to our Software within reasonable terms. Neither we nor our affiliates grant any other warranties related to our Products. We provide our Software in the state “as it is”, and we do not grant its ability of meeting your specific needs. In some unlikely and extraordinary cases our Software might be temporarily inaccessible. Where some jurisdictions provide warranties, such as explicit or implied fitness of the software to purpose/s, we will exclude all warranties for our Software to the extent permitted by law. To the extent permitted by the applicable law, we and our affiliates will not be responsible or liable for lost data, revenues, profits, other financial losses, and/or indirect, consequential, exemplary, special or punitive damages.
11.3. The aggregate liability of ours and of our affiliates for claims under these Terms and under the relevant Subscriptions and/or End-User Agreements will be limited to the amount actually paid by you for using our Software in the last Term. In such cases we will have the option to compensate you by granting benefits for using our Products In any and all cases we and our affiliates will not be liable for any loss or damage, which is not reasonably foreseeable, including, but not limited to, any loss of profit, consequential damages, etc. Without prejudice to the above we and our affiliates will be liable only for deliberation or gross negligence.
12.1. By using our Software, you agree and undertake that information, disclosed and/or exchanged between us, except information intended for public announcement by virtue is strictly confidential and in no circumstances will be released to any third party or used for any other purposes than executing the rights or performing the obligations under the respective Subscription or End-User Agreement. The above confidentiality terms will be valid for the Term of your Subscription or End-User Agreement and for a period of 2 (two) years subsequent to its termination.
13. Personal, Credit/debit card or other sensitive data
13.2. By using our Software to record or receive bookings, you agree that you will treat any personal data, transmitted to you by us or stored in our Software, in compliance with the data protection regulations, the Data processing agreements and the good practices. If you fail to do so, it will be your sole responsibility. It will also be your responsibility to establish, maintain and review internal data security procedures to minimise the risks of sensitive data misuse and you should undertake actions to restrict the access of your employees to such data only to the respective staff members whose obligations are directly related to its processing.
13.3. You also agree that it is your sole responsibility to upload truthful and correct descriptions of your properties, cancellation and guarantee policies, rooms/units, packages, rates etc. You will also periodically verify how the settings, introduced by you in the Software, are visualized and available at the respective front end. By using our Software to book rooms/units on-line, you agree that your personal, credit/debit card and other sensitive data is transferred to the operators of the properties you chose to book.
14. Modification of Terms
14.1. We remain entitled to modify these Terms and the additional terms at any time, for example, to update them with the introduction of changes to our Software and Support. The terms will be published on our web site. We will notify you in writing in case we modify our Terms. You will be able to check them and opt out from the modified Terms until the end of your current Agreement term. Modifications of the Terms do not affect your rights under the current Subscription, unless you agree to the modification in writing. If you do not agree with the modified Terms after the end of your Agreement, you may have to discontinue the use of some of our Products when your current Subscription expires.
15. Law and jurisdiction
15.1. Any Subscription and/or End-User Agreement will be governed by and construed in accordance with the laws of England, English conflict law excluded. The courts in England will have the exclusive jurisdiction over all disputes which may arise out of or may be in connection with any such Subscription and/or End-User Agreement. However, we will be always entitled to commence legal proceedings in the courts of any other country and in such a case we will have the option to rely on the low of the court.
16. Other provisions
16.1. By using our Products, you agree that we may from time to time send you promotional or administrative information regarding our Products. By using our Products, you agree that we are mutually entitled to refer to each other as Software provider/End-User in promotional materials, including our respective web sites, without any remuneration or compensation for the referred party.
16.2. These Terms regulate the relationship between you and us, including our Agents. The Terms do not create any third-party beneficiary rights. If you do not comply with these Terms, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as acting in the future). If it turns out that a particular Term is not valid, this will not affect the entire Terms. For certification of information about how to contact us or our Sales Agent, please visit our web site.
Signed For And On Behalf Of
DIGI Consulting Limited:
Signed for and on behalf of: