To provide Information Technology ("IT") services to the Licensee such that the Licensee\'s products and/or services ("Product") may be booked online over the Internet by third party customers ("Customers").
That the Customer\'s credit card will be debited for a deposit amount upon booking, and the credit card details will be made available to the Licensee so that the balance due in respect of the Product where Product is availed of by the Customer, or the charge for first night or other cancellation fee payable in the event of a no-show by the Customer may be deducted by the Licensee in accordance with SNOW-BOOKING.com\'s terms displayed on its websites.
To promote the Licensee\'s product on some or all of its websites and through its network of affiliates.
To make sufficient Product available to SNOW-BOOKING.com such that visitors to SNOW-BOOKING.com\'s sites will have Product available for purchase.
To offer Product on SNOW-BOOKING.com websites at a price not exceeding the lowest price at which the Licensee offers such Product elsewhere (including on the Licensee\'s own websites).
To honour all bookings made through the SNOW-BOOKING.com network. This includes bookings made for special event periods.
To perform checks as necessary to ensure that all bookings taken by SNOW-BOOKING.com are processed correctly such that the Customer can avail of the Product purchased.
That the deposit retained by SNOW-BOOKING.com in respect of the reservation of the Product (the \'Deposit\') will equal the charge for the IT services provided by SNOW-BOOKING.com and that no further monies will be collected from or payable by SNOW-BOOKING.com.
The Deposit retained by SNOW-BOOKING.com will be 15% of the price of the Product.
Any payments to SNOW-BOOKING.com by the Licensee under this agreement shall be made free and clear of all taxes, deductions or withholdings. If such taxes, deductions or withholdings are required by law, the Licensee shall pay to SNOW-BOOKING.com such additional amount as may be necessary in order that the net amount received by SNOW-BOOKING.com after such taxes, deductions and withholdings shall not be less than the amount SNOW-BOOKING.com would have been entitled to receive in the absence of any such taxes, deduction or withholding.
That in the event of the Licensee not honouring any booking, the Licensee shall find an equivalent product for the Customer without recourse to SNOW-BOOKING.com.
To charge the Customer the balance payable in respect of Product only upon arrival or presentation, the balance being the difference between the full price quoted on the internet and the Deposit retained by SNOW-BOOKING.com.
In relation to any Product comprising accommodation, to charge the Customer, at the Licensee\'s discretion, only in respect of the first night\'s stay in the event of a failure of the Customer to arrive .
That the Licensee is responsible for updating and maintaining the pricing for its Product through the SNOW-BOOKING.com Inbox and that the Licensee is responsible for any data entry errors which may arise in respect of pricing. This responsibility includes ensuring that correct pricing and availability is displayed for special event periods.
That SNOW-BOOKING.com has no responsibility to the Customer for the making of bookings and that bookings are agreements between the Customer and the Licensee and that the Licensee shall indemnify SNOW-BOOKING.com in respect of loss and damage arising from any Customer claims.
To respond in a timely manner in relation to any queries.
To comply with all applicable laws in its use of SNOW-BOOKING.com technology and dealings with SNOW-BOOKING.com, including but not limited to, laws relating to privacy and data protection insofar as they relate to Customer data.
Not to disclose any credit card information provided by any Customer to any person other than as necessary to effect a lawful payment for Product or as required by law.
The IT services are provided by SNOW-BOOKING.com on an \'as is\' basis. SNOW-BOOKING.com makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
SNOW-BOOKING.com shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage. Content provided by Licensee
The Licensee warrants that (i) any content which relates to the Licensee\'s Product (including information, reviews and photographs) provided to SNOW-BOOKING.com by the Licensee (the "Content") is owned by the Licensee; and (ii) the Content is true and accurate and not misleading.
The Licensee shall provide SNOW-BOOKING.com, where requested, with accurate information as to any additional local or value added taxes to be paid by the Customer in respect of the Product.
The Licensee hereby grants SNOW-BOOKING.com (and any sub-licensee of SNOW-BOOKING.com) a royalty free licence to use the Content.
The Licensee agrees to indemnify and hold SNOW-BOOKING.com and its sub-licensees harmless in respect of any claim by any third party arising from the use of the Content by SNOW-BOOKING.com or its sub licensee.
The Licensee hereby warrants, confirms and undertakes that it is not a national or controlled by a national of Cuba, Iran, Syria, Sudan, Myanmar (Burma) or North Korea (each a "Restricted Nation") and that the Licensee\'s [products and/or services] in respect of which information services are provided are not and will not be situate or delivered in a Restricted Nation. The Licensee agrees that this Agreement shall terminate immediately upon the Licensee becoming or becoming controlled by a national of a Restricted Nation.
Either party may terminate this agreement by giving not less than 28 days written notice.
Any outstanding bookings must be honoured by the Licensee notwithstanding termination of this agreement.
The Licensee undertakes on termination of this agreement to cease using and to refrain from further use of any software or service provided by SNOW-BOOKING.com.
SNOW-BOOKING.com reserves the right to terminate this agreement with immediate effect in the event either:
the Licensee\'s average rating by Customers on any of SNOW-BOOKING.com\'s websites falling below 50% (fifty percent); or
failure by the Licensee to comply with the terms of this agreement.
This agreement shall be governed by and construed in accordance with the laws of Ireland, and SNOW-BOOKING.com and the Licensee agree to submit to the jurisdiction of the Irish courts.
This agreement is personal to the Licensee and may not be assigned, sub-contracted or otherwise transferred in whole or in part without SNOW-BOOKING.com\'s prior written consent. SNOW-BOOKING.com and the Licensee are independent contractors and nothing in this agreement shall render them partners, joint venturers or principal and agent.