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Terms of Service


Sandman Hospitality Management System (after this point referred to as "Sandman"), is a SaaS service providing subscription-based software management solutions for the hospitality and tourism industry.

By subscribing to Sandman's Services, you agree to the following terms and conditions. These terms of use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

These terms are binding on any use of the Software and apply to you from the time that Sandman provides you with access to the Software.

Sandman reserves the right to change these terms at any time, effective upon the posting of the modified terms. Sandman will make every effort to communicate these changes to you via email or notification via the Website. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

1. Definitions

"Sandman"
Refers to the Sandman Hospitality Management System.

"Software"
Refers to the software solutions and services provided by Sandman Hospitality Management System.

"You"
Refers to you, your company or the organization you represent, your employees, and others whom you have granted access to Sandman's services.

"Organization"
Refers to you, your company or the organization you represent, your employees, and others whom you have granted access to Sandman's services.

"Account Holder"
Refers to the person who initially subscribes to Sandman's services on behalf of self or a business or organization.

"Administrator"
The Account Holder and / or designated administrator(s) of the Organization.

"Agreement", "Terms"
Refers to the Terms of Service agreement in this document.

"Website"
Refers to the internet site at the www.sandmanbooking.com domain, including subdomains.

"Access Fee"
Access Fee is the fee payable by you to Sandman, in accordance with the fee schedule for your selected plan. Sandman reserves the right to change fees at any time. Sandman will make every effort to communicate these changes to you via email or notification via the Website.

"Confidential Information"
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

"Data"
Refers to any data inputted by You into the Software.

"Intellectual Property Right"
Refers to any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

2. Use of Software

Sandman grants you the right to access and use the Software via the Website according to your subscription type. This right is non-exclusive and non-transferable.

Browsers:

Sandman gives no guarantee that the software will function equally in all browsers. Please see our approved browser recommendations list. It is your responsibility to ensure that your browsers are kept up to date with the most current version to ensure optimal functionality.

Approved Browsers List:

Safari (Mac)
Firefox (Windows, Mac, Linux)

3. Your Obligations

3.1 Payment Obligations:

An invoice for the Access Fee will be issued to the account holder each month, starting one month from the date of your free trial expiry. All invoices will include the Access Fee for the preceding period of use. Sandman will continue invoicing you monthly until this Agreement is terminated, either by you or by Sandman. All Sandman invoices will be generated electronically and notification will be sent by email. Payments are due within 14 days of the invoice date. You are responsible for payment of the Access Fee on or before the payment due date, or there may be an interruption in service.

3.2 General Obligations:

You must only use the Software and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Sandman or condition posted on the Website.

3.3 Access Conditions:

You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify Sandman of any unauthorized use of your passwords or any other breach of security. Sandman will reset your password upon request, or you can also do the same from the User Options menu. As a condition of these Terms, when accessing and using the Software, you must:

  • not attempt to undermine the security or integrity of Sandman's computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks;
  • not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or impair the ability of any other user to use the Software or Website;
  • not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted;
  • not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  • not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the Website except as is strictly necessary to use either of them for normal operation.
  • 3.4 Communication Conditions:

    As a condition of these Terms, if you use any communication tools available through the Website (such as Day Notes, Guest Notes, Guest Messaging, Booking Notes, Payment Notes, Tagging or Staff Messaging), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of other users or guests, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).

    When you make any communication on the Website, you represent that you own the content of the communication. Sandman is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Software. However, Sandman reserves the right to remove any communication at any time at its sole discretion.

    3.5 Indemnity

    You indemnify Sandman against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to Sandman, including (but not limited to) any costs relating to the recovery of any Access Fees that have not been paid by you.

    4. Confidentiality and Privacy

    4.1 Confidentiality:

    Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • 4.1.1 Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  • 4.1.2 Each party's obligations under this clause will survive termination of these Terms.
  • 4.1.3 The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
  • is or becomes public knowledge other than by a breach of this clause;
  • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • is independently developed without access to the Confidential Information.
  • 4.2 Privacy:

    By accepting the agreement defined in this Terms of service, you will also have read, understood, and accepted Sandman's Privacy Policy. www.sandmanbooking.com/privacy.php

    5. Intellectual Property

    5.1 General:

    Title to, and all Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of Sandman (or its licensors).

    5.2 Data:

    Title to, and all Intellectual Property Rights in, Data entered by you remains your property, and Sandman will not use nor make available for use any of this information without your permission. However, your access to the Data is contingent on full payment of the Sandman Access Fee. You must maintain copies of all Data inputted into the Software. Sandman will maintain standards to prevent any loss of Data, including hourly database backups, but does not make any guarantees that there will be no loss of Data. Sandman expressly excludes liability for any loss of Data regardless of how it was caused.

    Sandman reserves the right to withhold your Data without notice if the termination of subscription is due to non-payment. Upon termination for cause, your right to access or use the Data immediately ceases, and Sandman shall have no obligation to maintain or forward any Data to you.

    6. Warranties and Acknowledgements

    6.1 Acknowledgement:

  • You are authorized to use the Software and the Website and to access the information that you access using the Software and the Website (whether that information is your own or that of anyone else).
  • If you are using the Software and accessing the Website on behalf of or for the benefit of an organization then Sandman will assume that you have the right to do so and that organization will be liable for your actions or omissions (including any breach of these Terms).
  • The provision of, access to, and use of, the Software is on an "as is" basis and at your own risk.
  • Sandman does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. Sandman is not in any way responsible for any such interference or prevention of your access or use of the Software.
  • It is your sole responsibility to determine that the Software meets the needs of your business.
  • 6.2 No Warranties:

    Sandman gives no warranty about the Software. Without limiting the foregoing, Sandman does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

    6.3 Consumer Guarantees:

    You warrant and represent that you are acquiring the right to access and use the Software and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

    7. Limitation of Liability

    To the maximum extent permitted by law, Sandman excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data or profits) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.

    If you suffer loss or damage as a result of Sandman's negligence or failure to comply with these Terms, and claim by You against Sandman arising from Sandman's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the Access Fees paid by you in the previous one month. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

    8. Termination

    8.1 Discontinuation Policy:

    If you choose not to continue with the service, Sandman has no obligation of providing you with the backup of your data and reserves the right to delete your account from the Sandman system.

    8.2 No-fault Termination:

    These Terms will continue for the period covered by the Access Fee paid in clause 3.1. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. Breach: If you:

  • breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment more than 30 days overdue); or
  • the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction, Sandman may take any or all of the following actions, at its entire discretion:
  • Terminate these Terms and your use of the Software and the Website;
  • Suspend for any definite or indefinite period of time, your use of the Software and the Website;
  • Take either of the actions in sub-clause 4 and 5 of this clause 8(3) in respect of any other persons in your organization or who have access to your information or that of your organization.
  • 8.3 Accrued Rights:

    Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

  • remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  • immediately cease to use the Software and the Website.
  • 9. Support Desk

    9.1 Technical Problems:

    In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Sandman. If you still need technical help, please check the support provided online by Sandman or failing that you may submit a ticket through the online Support Desk or email us at support@sandmanbooking.com.

    9.2 Service Availability:

    Whilst Sandman intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.

    If for any reason Sandman may need to interrupt the Software for longer periods than Sandman would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website and / or notify you by email.

    10. General

    10.1 Entire Agreement:

    These Terms, together with the Sandman Privacy Policy and the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Sandman relating to the Software and the other matters dealt with in these Terms.

    10.2 Waiver:

    If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

    10.3 Delays:

    Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

    10.4 No Assignment:

    You may not assign or transfer any rights to any other person without Sandman's prior written consent.

    10.5 Governing Law and Jurisdiction:

    This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.

    10.6 Severability:

    If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

    10.7 Notices:

    Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Sandman must be sent to support@sandmanbooking.com or to any other email address notified by email to you by Sandman. Notices to you will be sent to the email address which you provided when setting up your access to the Software.

    Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.