Date of last update: 17.04.2022

1. Contracting parties

S.C. PYNBOOKING NET SRL with its contact address at Boulevard Aviatorilor nr. 33, Et.4, Sector.1, Bucharest, registered in the Romanian Trade Register no. J40/3490/2014, Fiscal Code (CUI) RO32956788, as the manager of Pynbooking.com, hereinafter referred to as the "Provider"
and
The Client, a registered user on PYNBOOKING have agreed to the following:
The present document represents the contract issued by the Provider that must be accepted before registering or ordering any services offered by the Provider. Any account creation or order confirmed by the Client by clicking the box „I agree with Terms and Conditions” represents the Client's acceptance of the Provider’s contract, as foreseen in article 9 of the Romanian e-commerce law 365/2002. Clicking the box signifies an electronic signature, as defined by art 3 p. 10 of the EU Regulation 910/2014, both parties accepting it as having the same value as a handwritten signature.
Definitions:
PYNBOOKING: website Pynbooking.com, as well as all services accessible on these websites or any of their subdomains.
Service: any service made available by the provider on PYNBOOKING, as a monthly or annual subscription, according to the details on the Tariffs web page or in a personalized order. The services are available exclusively for legal entities, being software services (SaaS) for Hospitality business management, including for business for lodging, restaurants, cafes or terraces.
Client: legal person that places an order on PYNBOOKING or registers as a user, with the specific data entered in the Client’s account.
Order: the purchase order of one or several services available on PYNBOOKING, made by a Client that wants to use those services for its business.
Visitor: physical person that visits the PYNBOOKING websites, without buying services or placing orders.

2. Object and accepting the current contract

2.1. The current services contract between professionals (B2B) is applicable to all orders or accounts created at PYNBOOKING. The Client must acknowledge these conditions before placing an order or creating an account. The Client accepts the present contract by checking the box 'I agree with Terms and Conditions'.
2.2. The Provider reserves the right to modify the present contract at any moment in time. The applicable version to a specific order would be of the version in force on PYNBOOKING at the moment when the service is being used by a Client.
2.3. The services may be accessed from any device with Internet access that may connect to PYNBOOKING services using a browser.
2.4. The list of prices and details for each service is available at https://www.pynbooking.com/prices/ or, depending on the case, from a representative of the Provider in a personalized offer sent electronically. The price would be established by the Provider depending on Client’s needs and on the upfront payment period. The payment of services by the Client constitutes acceptance of the price offered by the Provider according to the current Terms and Conditions. All prices are excluding VAT, where applicable.
2.5. The current services contract is available and must be interpreted in connection with Data Processing Contract by PYNBOOKING according to GDPR, available in Annex 1.

3. Contract duration

3.1. This contract is concluded for an indefinite period from the date of placing the order or the date of creation of the account, and the obligations of the parties take effect from this date.
3.2. As soon as payment for the chosen subscription type has been made, the Client shall have access to the services included in the subscription package from the moment of confirmation of payment by the Provider. The order may be canceled up to the time of payment. Any errors in the Client's order may be corrected before the confirmation of payment by the Provider, if properly notified via the a contact form or a ticket from the Client's account.
3.3. The subscription for PYNBOOKING services will be automatically renewed unless the Client provides notice of cancellation at least 30 calendar days before the subscription term expires.
3.4 If the Client wishes to change the type of subscription chosen during the period in which a previously chosen subscription is active, this is possible - with the change taking effect within the first month after the difference payment has been made, in the case of an upgrade of a package, and in the case of a downgrade of a package, taking effect after the expiry of the period for which the Client has already paid and makes a new payment for a lower package.
3.5. The Provider offers the possibility to test PYNBOOKING services free of charge by accessing a Demo service, which only works with test data.
3.6. The data in the Client's account will be automatically deleted 15 days after the expiry of the subscription, unless the Client requests in writing an earlier deletion. The Client may download his data at any time during the course of the contract or within the period mentioned above.

4. Contract value and payment

4.1. For the services rendered, the Client shall pay the Provider the subscription fee, as provided for at the time the order is completed or in advance for each period of time selected.
4.2. The Provider shall send payment notifications periodically, in accordance with the type of subscription chosen.
4.3. Invoices for payments will be made available in the Client's account.

5. Intellectual Property Rights

5.1. The entire content of PYNBOOKING - images, text, graphics, symbols, scripts, computer programs that enable the operation of the Services, databases and other original works - is the intellectual property of PYNBOOKING and is protected by copyright law. The use without PYNBOOKING's consent of any of the elements listed above is punishable under the laws in force. We are allowed to defend our intellectual property rights by any technical or other means, including deactivation of the subscription and blocking requests coming from a Client’s IP in case of repeated non-compliant use.
5.2. The Provider grants the Client limited access to the Services purchased on PYNBOOKING and does not grant the Client the right to partially or fully modify any of the aforementioned elements, including to partially or fully reproduce, copy, sell/resell or exploit in any other manner, for commercial purposes or contrary to the interests of the Provider, without the written consent of the Provider.
5.3. The Client is responsible for the content uploaded on PYNBOOKING and guarantees that it has the appropriate copyrights in this respect. PYNBOOKING acts solely as a hosting provider for this content. Therefore, please notify us immediately via the contact form if the hosted content is alleged to infringe on intellectual property rights.

6. Availability of services

6.1 The Provider's offer of services and their price is valid as long as it is displayed on PYNBOOKING. The Provider shall fulfill its contractual obligations as soon as the Client has made the payment for the selected Service.
6.2. Any changes to the tariffs or to the availability of the Services shall be communicated by email to the Client's contact address in the user account or via the app at least 15 days prior to any change. Application maintenance services are announced via the application or by email.
6.3. The Client is solely responsible for updating its contact data in the user account as soon as changes occur. The Provider shall not be liable in the event of any damage or loss of any nature whatsoever due to the inability to access the e-mail address stated in the Client’s account.
6.4. Access to PYNBOOKING services is possible until the Service is terminated and/or the Client's account is deleted, unless the Client stops paying his subscription or the contract is terminated according to art. 10. This access also includes legislative updates for the Services available, as well as support throughout the duration of this contract, according to the Service purchased.
6.5. The Provider shall make every effort to provide access to the Services offered at all times, but can only guarantee the availability of the Service to the extent of 99.8% of the time. The availability period does not include maintenance periods announced in advance by email or within the service, but does include those maintenance periods not announced. As such, given the dependence of the services offered on Internet access, possible technical and system limitations that may occur, the Provider assumes an obligation of diligence with regard to the availability of the Services according to the above percentage. If the Client has been unable to access the Service for reasons that are Provider’s fault, for a period longer than the above-mentioned period, the Client may request a pro rata refund of the subscription fee paid for the period during which the Service was unavailable.
6.6. If the desired Service is no longer available for reasons that are Provider’s fault, the Client may export its data. If the desired service is no longer available for reasons on Client’s fault (non-payment, breach of this contract, etc.), the Provider shall endeavor, but does not guarantee, to provide the Client with access to export its data. The Provider cannot undertake any obligation in relation to how this data may be uploaded to other computer systems.

7. Rights and obligations of the parties

7.1. Rights and obligations of the Client
7.1.1. The Client shall be solely responsible for all content existing in its account or for any violation of the law or of the rights of a third party, including the conclusion, performance and termination of its own contracts with other natural or legal persons directly or indirectly through the Services offered by the Provider.
7.1.2. The Client undertakes to use the Services offered by the Provider respecting all applicable legislation and in full knowledge of the legal provisions in force with regard to the activity it performs.
7.1.3. The Client undertakes to fully comply with the legal provisions relating to copyright, intellectual property rights and the protection of personal data with regard to the data sent to or hosted by the Provider's services.
7.1.4. The Client takes full responsibility for the creation, personalization, administration, management, accuracy and legality of the information, documents and files sent, processed or saved with the help of the Services.
7.1.5. The Client shall process personal data in accordance with the legal provisions in force, being the data controller and is obliged to comply with the legislation in this field, and, in these cases, the Provider cannot be held liable for any damage or infringement of the rights of third parties.
7.1.6 The Client is obliged to implement and maintain adequate security measures to ensure the security of the personal data processed, as well as the accounts created for access to the Provider's Services, including specific obligations that may be required for the processing of special categories of data or the processing of credit cards data.
7.1.7 The Client understands that the software services offered by the Provider are available in the version accessible through PYNBOOKING, and the Provider has no way of guaranteeing that these services to meet the Client's customized needs. The Service assumes its generic use, as accessible to all Clients, and Provider is under no obligation to make specific customization for any particular Client.
7.1.8. In the case of use of the Booking Engine, Guest app or any Service accessible to the Client's guests, the Client may offer accommodation and other specific services to natural or legal persons through a public offer. The Client understands that it bears full responsibility for any offers, descriptions, contractual terms or any other legal obligations relating to the content or services offered. If the Provider makes available to the Client certain data and information when accessing the Service, they are provided solely as an example or model for understanding the functionality of the Service and it is the Client's obligation and responsibility to modify or customize them to be correct and in accordance with its own offer.
7.1.9. The Client has the right to add in PYNBOOKING several account users with different access rights - in whole or in part - to its account. It may also delegate its access rights to one or more users. The Client is solely responsible for ensuring that these users have the correct data and access rights at all times. The Client bears full responsibility if users approved by the Client violate the provisions of these Terms or engage in illegal activities.
7.1.10. Some of the Provider's services are based on their integration (via API) with other related services offered by other providers (e.g. import bookings from other booking systems, online payment services, SMS sending services). The Client understands that the Provider has no direct relationship with these third party providers and that the Client is solely responsible for creating and maintaining a contractual relationship with them, including payment to them, if applicable. The Provider shall not be liable for any errors in data or information received from such third parties. The Client is also solely responsible for allowing access, including by providing access credentials (as applicable) for retrieving or sending data to those providers where the Client has an account and wants to transfer that data for integration with the Client's services. The list of companies allowing these data tranfers is available in the Client's account.
7.1.11. The Client understands that it is obliged to use the Provider's services as instructed. Any misuse that continues after being notified to be in breach may be grounds for termination of these Terms. Sending a large volume of requests from your IP/user account will also be considered as a misuse.
7.2. Rights and obligations of the Provider
7.2.1. The Provider shall ensure:
- the ability to access, create, customize and manage the information provided by the Client through the Services offered, as detailed on the Tariffs page or in the customized order. There is also the possibility to demo the services, before using the service.
- Online assistance, as soon as possible, through the ticket system and the content section available in the Support Center on PYNBOOKING for any issue related to the correct functioning of the Services. The Provider does not offer any other expert assistance, particularly financial-accounting or legal assistance in connection with the issuance of documents or the other Services. We also cannot provide assistance in connection with the import of data from another provider if the problem does not depend exclusively on the
Provider's Services.
- data backup;
- connecting to the system via a secure communication protocol (https);
- synchronization of user account data so that it is available from any type of device, from anywhere, via Internet access, for certain services.
7.2.2 PYNBOOKING undertakes to remedy those problems that may cause or are causing complete or significant interruptions in the operation of the Service or loss of data.
7.2.3 PYNBOOKING is continually working to improve its products. Therefore, we reserve the right to introduce or modify the services included in the current subscriptions, including the conditions for support services. Any change will be announced in writing at least 15 days before the change.
7.2.4 PYNBOOKING acts as a hosting provider for the content added by the Client, under the terms of Law 365/2002 on electronic commerce. The Provider does not assume responsibility for loss of passwords to any user account or for activities that may compromise the Client's account. If the Provider receives a notification of the existence of allegedly illegal services made by the Client, it reserves the right to suspend the user’s account or block access to it.
7.2.5. The Provider does not monitor or exercise any control over the Client's data and documents.
7.2.6. The Provider offers a right of use of the Services during the subscription period to any user with access rights.
7.2.7. in case the uptime is below 99.8% we will offer percentage compensation of the subscription amount according to details in article 6.5.
7.2.8 The Provider has the right to collect anonymous data about the use of its services and to make it public, as aggregated information.
7.2.9 The Provider reserves the right to use the logo, website or name of the Client using its Services for public display, for example in a portofolio section or list of clients, unless the Client objects in writing to this activity.

8. Registration, passwords and responsibilities

8.1. Registration or creation of an account is free of charge, but is only accessible for paid accounts. The Provider advises registered users not to disclose passwords to anyone.
8.2. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, despite our efforts to protect your information and to use secure information transmission protocols (https), the Provider cannot ensure or guarantee the security of information transmitted by the Client to the Provider. Therefore, any information sent to the Provider will be done at the Client's risk.
8.3. Any unauthorized access to non-public elements of the PYNBOOKING website or access to a PYNBOOKING account by any other than the authorized persons is an offense of access without right to a computer system and may be reported and sanctioned according to the Romanian and international legislation in force.

9. Contractual liability

9.1. The Client guarantees the correctness of the all data in its account and in the Provider's services and bears full responsibility for the manner and purpose of using the Services and for the manner in which it configures the system of users accessing the Client's account and their behavior.
9.2. The Client is solely responsible for entering the information in a correct and complete manner, as well as for keeping the information accurate or updated in the PYNBOOKING account.
9.3. The Provider cannot be held liable if the Client uses the applications and services provided for illegal or immoral purposes.
9.4. The Client agrees that it is solely responsible and will indemnify the Provider for any damages, costs or profit limitations arising as a result of any fraudulent actions on its part. The Client hereby understands and accepts that the Provider will pass on the Client's details to the investigating authorities if required to do so by law.
9.5. Although at all times the Provider endeavors to ensure the quality and accuracy of the messages published on the website, the Provider cannot guarantee, expressly or implicitly, the content, software or products and services published under its auspices. The Provider shall not be liable under any circumstances for any direct or indirect damages or errors, or for any direct or indirect loss of profit (including, but not limited to: damages for loss of profit, business interruption, or other pecuniary damages) suffered as a result of the use or interruption of use or lack of regularity of information and services provided by the Provider.
9.6 The Client is solely responsible for verifying, entering the information in a correct and complete manner, as well as adding, maintaining the accuracy of the information or updating it in the PYNBOOKING account.

10. Termination of contract

10.1. This contract shall be terminated in the following cases:
a. the parties mutually agree to terminate the contract;
b. failure or repeated defective performance of contractual obligations by one of the parties;
c. unilateral decision of one of the parties, communicated in writing to the other party; receipt of the notice of termination must take place at least 30 calendar days before the date set for termination;
d. in the event of dissolution, liquidation, bankruptcy, withdrawal of the operating license of one of the contractors, in which case the parties will be liable to pay the debts owed by one to the other arising up to the time of the occurrence of the cause of termination.
e. if, for reasons not attributable to the Provider, payment of the subscription is not made and the Client does not remedy the problem within a maximum of 5 calendar days from the date of communication of the pro forma invoice to the Client.
10.2. Termination of the Contract shall not affect obligations already due between the parties.
10.3. In the event of termination of this Contract, for whatever reason, the Provider may suspend the Client's account. After the period of 15 days following termination, the Client's data will be automatically deleted.

11. Disclaimer of liability

11.1. The Provider shall not be liable for any material or non-material damage, any loss or costs that may arise from late payments for which the Client is responsible, and the breach by the Client of any legal obligations if they are not the fault of the Provider.

12. Confidentiality

12.1. Neither Contracting Party shall be entitled, without the prior written consent of the other Party:
a. to disclose any confidential information to any third party other than those persons involved in the performance and execution of the Contract;
b. to use any information which is confidential or to which it has access during the performance of the contract for any purpose other than the performance of its obligations. All confidential information must be marked as such by the party claiming it to be confidential.
12.2. The above restriction shall not apply if:
a. the information was known to the contracting party before it was received in the performance of this contract;
b. the information was publicly available;
c. the party in question was required by law to disclose the information in question.
12.3. For the personal data that the Provider processes as a controller, it is processed in accordance with the privacy policy available at https://www.pynbooking.com/privacy-policy/
12.4 In the case of Client’s data that the Client processes by Provider's Services, the Client is the data controller and the Provider is the data processor, as provided under the Annex 1.

13. Force majeure

13.1. Force majeure shall exonerate the parties from liability in the event of partial or total non-performance of the obligations assumed under this contract. Force majeure shall mean an unforeseeable and insurmountable event beyond the control of the parties which occurs after the conclusion of the contract and which prevents the parties from performing all or part of their obligations.
13.2. The party invoking force majeure shall inform the other party in writing within 5 days of its occurrence.
13.3. The Party invoking force majeure shall inform the other Party of the termination of the force majeure within 15 days of its termination.
13.4. If these circumstances and their consequences last for more than 2 months, either party may waive the performance of the contract for a further period. in this case, neither party is entitled to claim compensation from the other party, but they are obliged to honor all their obligations until that date.

14. Governing law

14.1. The rights and obligations of the parties imposed by this contract, as well as all legal effects that it produces will be interpreted and governed by the Romanian law in force.
14.2. This contract is concluded in Romanian, with the translation in English for information purposes and not legally binding.
14.3. Any dispute arising out of this Agreement shall be settled amicably, and if amicable settlement is not possible, it shall be brought before an arbitrator. If the parties do not agree on the appointment of an arbitrator within 15 days of notification of the dispute, the Romanian courts of the Provider's headquarters shall have jurisdiction.

15. Final provisions

15.1. The parties declare that all the clauses of this contract are expressly accepted by signing the contract, any previous agreement having no legal effect between them.
15.2. The Provider reserves the right to update and amend these terms from time to time. In such cases, we will inform the Client in advance by posting the terms on the website 15 days before it comes into force and will send a notice to the Client's account. Modification of the Terms will not affect the rights stipulated in the Subscription in force. If the Client does not agree to the changes, the Client may discontinue use of the Services when the current subscription expires.
15.3. Any notification to the Provider must be sent electronically to via the ticketing system in the Client's account. In the case of notifications sent by third parties, via the contact form, they must understand that the Provider has exclusively a role of providing technical support services to the Clients and is a third party to any contract between these third parties and its Clients.

This contract in version 2.0 was updated on 1.05.2022 and is available at
https://www.pynbooking.com/en/terms-of-service/

Annex 1 - Contract for the processing of personal data by PYNBOOKING according to GDPR
https://www.pynbooking.com/en/data-processing-annex/