Booking Live Terms of Service
Please review our terms of service thoroughly before using Booking Live.
This access agreement governs your use of our services. If you register for a free trial for our services, this agreement will also govern that free trial. By accepting this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
The TOS were last updated on 01 June 2014.
1. Definitions and Interpretation
Booking Live Software Ltd (referred to here as "BookingLive", "We" or "Our") provides its service (referred to here as "the Service") according to the Terms specified in this policy (the "Terms", or "Terms of Service", or "Agreement").
"You" or "Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity, or employees using the Service. "Your Data" means all electronic data collected and stored by the system on behalf of You, including customer records, transactions, inventory items and statistics.
"The Service" or "Subscription" includes (i) Your use of BookingLive, the CMS, front-end integrations, and the use of the BookingLive API including authorised third parties ("Third Party Sites").
BookingLive reserves the right to modify these terms without notice. Your continued usage of BookingLive constitutes your acceptance of these terms, available at http://www.bookinglive.com/terms. Violation of any terms may result termination of your account and removal of your data.
By accessing or using BookingLive you agree to be legally bound by all terms, policies and guidelines detailed or incorporated by reference in this document.
2. General Usage Agreement
1. You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party, unless otherwise stated in your agreement; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
2. You will not use BookingLive to send unsolicited e-mails or text messages. You will not use BookingLive to communicate anything offensive, to promote anything illegal, harass anyone, or distribute content which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
3. You may not access the Services if You are a competitor of BookingLive, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4. You agree that Google Chrome will be used for the back office administration system. Other browser tools will not be fully supported by BookingLive.
3. Registration & System Accounts
1. If you register for an account, you agree to (a) provide accurate, current and complete information, (b) maintain the security of your password and access keys; (c) maintain and promptly update the Registration Data, and any other information you provide to BookingLive, and to keep it accurate, current and complete.
2. You are responsible for all activity on your BookingLive account, and for all charges incurred. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
3. You are an acting guarantor for any additional administrator, manager, or agent accounts You may create, and are responsible for ensuring they adhere to these Terms.
4. Data Protection & Ownership
1. All of Your account data is inherently owned by You. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
2. When processing bookings, we may be required to disclose personal and transactional information to Payment gateways or other associated services. We do not rent, sell, share or disclose personal customer information to Third Parties without Your prior consent except as compelled by law, or as expressly permitted in writing by You.
3. You may export Your data at any time in CSV format based on the limitations of the reports available within BookingLive.
4. BookingLive reserves the right to access any or all Your accounts in order to respond to Your requests for technical support, conduct systems audits and quality assurance.
5. When your account is closed, Your entire database is removed from the system and may be held in our archives for no longer than 30 days.
6. Additional information on your account may be retained in our customer management system for as long as reasonably required. This does not include personally identifiably information on Your customers, employees or detailed financial information of Your business.
7. All details of all personal information stored is secure and is also governed by the Data Protection Act 1998.
8. Material accessible to you though BookingLive’s Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the BookingLive material, which you access or receive through the BookingLive Network. If you use a domain name in connection with the BookingLive Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
9. All .uk registrations are subject to Nominet's Terms. Registrations and associated services can take up to 48hrs to set up.
10. Storing credit card details in the system is strictly prohibited. You may not store credit card numbers, expiry dates and cvc codes anywhere. You must use one of the certified payment gateways. There are no exceptions or excluded payment types.
5. Hosting, Security & Availability
1. BookingLive takes reliability and security very seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use preferred hosting partners that provide you with a secure and safe environment. More information about these services and technologies is available on our website.
2. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use BookingLive, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
3. You agree that if you believe the security of your account has been compromised in any way, you will notify BookingLive immediately. You shall be held fully responsible for any misuse or compromise to your account for which BookingLive is not properly notified.
4. You agree that if any security violations are believed to have occurred in association with your account, BookingLive has the right to suspend access to the account pending an investigation regarding any aspect of our services, including services sold to you including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. Users who violate system or network security may incur criminal or civil liability.
5. Customers may not use the BookingLive Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.
6. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
7. BookingLive performs server backups. However BookingLive is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BookingLive servers.
8. No third party software or applications are allowed to be hosted on BookingLive's servers without prior written acceptance from BookingLive. This includes embedding of iframes and HTML forms.
9. BookingLive may deny you access to all or part of the service without notice if you engage in any conduct or activities that in its sole discretion believes violates any of the terms and conditions in this agreement. BookingLive shall have no responsibility to notify any third party providers or services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
10. You agree that BookingLive has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
11. BookingLive reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
12. BookingLive agrees to contact you if there has been a security breach or attempted attack on your server.
13. BookingLive reserve the right for a 48 hours "no bookings" grace period on a go live to ensure a settling in period allowing potential DNS issues to be resolved.
6. Fees & Payment Terms
1. You agree that all setup fees are non-refundable and that monthly fees are due when your system goes live or your trial has expired.
2. Fees and any other charges for the use of the Service are described on our website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
3. Subscriptions are made available on a pay-as-you-go basis. The Lite plan may come with an initial trial period from the time the account was created.
4. If You have provided credit card details before the end of your trial and have elected to continue with a paid plan, you will be automatically be billed monthly starting on the day your account was upgraded. You also have the option of being billed for the Service in advance on a discounted yearly basis.
5. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. BookingLive does not accept any liability for such loss.
6. Any refunds offered carry a 20% processing fee. This is to cover administrative costs and those charged by our payment processors.
7. Each plan is designed to provide a maximum amount of bookings per month in the form of a booking quota. This allows us to allocate the appropriate resources to your account. If you are over your plan quota, you will be billed at the rate of £0.20 per booking. It is your responsibility to upgrade and downgrade your account. See Plans & Pricing.
8. A personal guarantee from a Director may be required should your business not pass standard financial checks or financial risk be identified.
9. We reserve the right to charge any card held on file for any outstanding balance that is overdue. A 2.5% administration and processing fee will be added.
7. Customer Service & Support
1. We are committed to providing the best possible customer support while keeping our service affordable. It's important you choose a plan that is in-line with your support expectations, and takes into consideration the complexities of your business.
2. We reserve the right to refuse support, or charge for excessive requests not in-line with your subscription, overly complex configurations, or those out of the scope of and understanding of our general support staff.
3. Our community support forum is available to members and trial accounts to post questions and find answers related to BookingLive. You may not use it to solicit other members, advertise or otherwise post messages outside of the general scope of our Service.
4. BookingLive will provide access to help centre and phone support for customers on a 9-5 GMT basis.
5. You can book additional support and training with BookingLive
6. BookingLive reserve the right to record calls with prior warning or permission.
7. BookingLive will use commercially reasonable efforts to maintain the availability of the service to the Customer. The following response and resolution times are provided as an indication only and governed by our working hours. If contact is made for a Priority support Request on a weekend or applicable holiday, a phone call is needed to trigger a return support response.
8. Our Service Level Agreement (SLA) is available on Enterprise Plans only.
|A critical issue where the system does not function or is preventing business operations. A large number of users are prevented from working with no procedural workaround.|| |
|An issue that is creating a significant operational impact. A large number of users are impacted by issue but they are still able to work in a limited capacity.|| |
|A non-critical issue where there is moderate operational impact or non-critical loss of functionality on production system. A small number of users are affected.|| |
1 business day
5 business days
|Questions that pertain to usage questions or clarification of documentation or other non-impacting issue|| |
2 business days
20 business days
|5||Customer offers suggestions or requests for new product features and enhancements or other non-impacting issue.||5 business days||60 business days|
8. Cancellation and Termination
1. You are responsible for properly cancelling your account.
For all enterprise customers, please contact us to request cancellation with a 30 day notice period. Any outstanding fees on the minimum contract term will be due for payment in full.
For all Lite customers, login and click on “View Account Status” and follow the instructions. For security reasons, there are no other means of cancelling your account. All of your content will be immediately deleted from the Service however may remain in our archives for up to 30 days. You are given the opportunity to export data before closing your account from within the available reports. Further data exports will be deemed chargeable.
2. You agree that until you cancel or notify us of you desire to cancel any or all services in writing, those services will be billed on a recurring basis.
3. If You cancel the Service before your next renewal date, your cancellation will be processed and you will not be charged again. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your 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.
4. Your account will automatically be suspended if there are outstanding fees on your account and those are not paid for more than 30 days and you have received sufficient notification.
5. Automatic suspension occurs when you have received 3 failed payment notifications for all automated billing services.
6. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination.
7. Notwithstanding any provision of these Terms, BookingLive reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the BookingLive API; (b) block or prevent your future access to and use of all or any portion of the Services and the rights of any third party to which you have granted access to your User Content through the BookingLive API; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services.
9. Third-Party Sites & Services
1. BookingLive contains links and provides integrations to third-party Web sites and services (“Third-Party Sites”) as a service to those interested in this information, provide platform Extensions, Add-ons, Payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
2. BookingLive makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides links to them and integrations only as a convenience. Inclusion in the Services of a link to a Third-Party Site, Third-Party Content, or Third-Party Integration does not imply endorsement from BookingLive, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. BookingLive accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Services, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer exclusively govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
3. BookingLive do not allow hosting of any third party services on our servers or within your application. Any embedding of third party applications must be authorised in writing by BookingLive.
10. Referral Program
The referral program is intended to credit customers who refer us new Clients. Referrals are paid out to active accounts in good standing. Expired, closed or trial accounts are not eligible for the referral program. We reserve the right to refuse payment on a referral if it does not comply with these terms of service or does not appear to be a genuine customer referral.
11. Change Requests
BookingLive may make available Professional Services outside of the general agreement of our subscriptions. This may include training, additional support, system configuration, custom development and general consulting. Notwithstanding any provision of these Terms, we may require a non-refundable deposit or payment in full before extending or completing any extra services. BookingLive does not extend exclusive rights to any part of the Service, including custom development and training material. You may not re-sell, license or misrepresent customizations as your own. We reserve the right to offer any customizations commissioned to all members of our system in whole or part. We do our best to assign the appropriate resources to a Professional Service engagements, but we make no warranties or guarantee a delivery time unless specified in a separate agreement. We reserve the right to delay, suspend or revoke a service at any point during the engagement.
12. Logos and Trademarks
BookingLive logos are trademarks and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the BookingLive products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
13. Limitation of Liability
1. Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall BookingLive be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption.
2. BookingLive shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages. The provisions of this section allocate the risks under this terms of service between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
14. Amendment / Waiver
1. No provision of this Agreement shall be deemed waived, amended or modified by You, unless such waiver, amendment or modification is in writing and signed by BookingLive. The failure of BookingLive to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by You of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of BookingLive to enforce each and every such provision thereafter.
2. BookingLive reserves the right to modify the terms and conditions of this Agreement at any time without notice to You.
3. BookingLive may assign or transfer these Terms of Service, in whole or in part, without restriction.
4. If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.
5. This agreement shall be governed by the laws of England and Wales.