Welcome to Stayflexi, a property and vacation rental management platform( the “Stayflexi Platform”) owned and managed by Stayflexi, Inc, a Delaware corporation and its subsidiaries (collectively, the “Company”, “Stayflexi”, “we”, “us” and/or “our”). These Terms and Conditions, as may be amended from time to time, constitute a legally binding agreement between you and us governing the use of all our services directly or indirectly made available online or through any mobile device. By accessing, browsing, and using our platform, you the (“Customer”) a.k.a (“Subscriber”) acknowledge and agree to have read, understood and agreed to these Terms.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Scope of Stayflexi Services
- The Stayflexi Platform offers various management tools for those managing properties on a short-term or long-term basis (each, a “Property”, and collectively, the “Properties”), to guests (the “Guests”).
- The Stayflexi Platform can also be used with third-party platforms such as Airbnb or Expedia (the “Third Party Channels”) to manage their inventory on the said Third Party Channels
- Each Customer has an “Account” on the Stayflexi Platform with which he or she can manage multiple Properties. Each Account is first and foremost accessible by the Account’s administrator (the “Admin User(s)”) and the Admin User is given access to tools for managing the Account itself. For instance, the Admin User can set up user accounts that the Admin User can assign to his or her team members so that they can manage the Properties using Stayflexi Platform’s Property management tools.
- The Customer will use the Platform to manage room bookings, room queries, online travel agencies and other related services pertaining to hotel sales through a single interface (“Services”).
- The Stayflexi Platform is available to the Customer via the Internet on a subscription basis (the “Subscription”) or revenue sharing basis.
- Both parties agree that the Terms and Conditions form an integral part of this Agreement and this Agreement shall always be read in conjunction with the Terms and Conditions. The Customer acknowledges that it has read and accepted the Terms and Conditions and agrees to comply with this Agreement and Terms and Conditions. The Customer herein agrees to the Terms and Conditions as amended from time to time, and such amended Terms and Conditions shall be applicable to the Customer at the time of renewal of the Subscription.
Creating, managing an account and payments
- In order to use the Stayflexi Platform, the Customer must apply for registration via registration form or self onboarded. The Customer must provide true, accurate, current and complete information about the property to register to the Stayflexi Platform, and the Customer is fully accountable for any outcome that may result from the Customer’s failure to do so. Within the application process, Stayflexi may request additional information, documentation and materials from the Customer, as it deems necessary, at its sole discretion.
- Once we complete processing, evaluating and considering the Customer’s application, we will determine, at our sole discretion, whether to accept or decline the Customer’s application to register to the Stayflexi Platform. We are not obligated to admit the Customer to the Stayflexi Platform. The Customer will have no plea, claim or demand against Stayflexi in connection with any decision we may or may not make regarding the Customer’s application or admission. Our decision is final and non-contestable. If we decline the Customer’s application to register to the Stayflexi Platform, these Terms will immediately terminate. If we believe that the registration information that the Customer provided is false or not correct, current or complete, or if we believe that the Customer has violated these Terms, we reserve the right to suspend or terminate the Customer’s application to register to the Stayflexi Platform. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that the Customer or others have provided nor are we liable for losses or any damage resulting therefrom. The customer may not hold payments that Stayflexi is entitled to due to such action by Stayflexi.
- Stayflexi shall not be responsible for the conduct and actions that the users engage in on the Account, the Customer is responsible for these actions including any changes, deletion, and adding costly features.
- The Subscription will commence on the day (the “Subscription Commencement Date”) the Customer receives an electronic-mail with the subject “Welcome to Stayflexi” from the Stayflexi.
- The billing cycle will be set as per the Billing Frequency Period in paragraph 2 clause (a) of the sales agreement hereof. The next billing date (“Due Date”) is determined by the Billing Frequency Period (the “Renewal Term”) and the Subscription Commencement Date.
- The billed amount (“Amount Due”) will include the Platform Subscription Fees, may include transactional fee and may include any pending penalties in a Billing Frequency Period.
- If the Supplier has not received the Amount Due within 30 (thirty) days after the Due Date, and without prejudice to any other rights and remedies of the Supplier.
The Supplier may disable the Subscriber’s password, account and access to all or part of the Services and the Supplier shall be under no obligation to provide any or all the Services while the Amount Due remains unpaid; and/or
The Subscriber will forfeit all the amount paid as advance or up-front fees for the Services.
- The Customer hereby indemnifies and holds the Supplier harmless against any wrong caused due to the breach of this Agreement and/or Terms and Conditions by the Customer and all expenses, losses, damages, and costs which may be incurred by the Supplier on such account.
- In the event of refunds initiated by Banks and Card Associations or in the event an additional amount is credited to the account of the Customer in relation to the payment made by its customer(s), the Customer agrees to cooperate with the Supplier to comply with its obligations and refund such amount within 5 (five) days of such request made by the Supplier. If the Customer fails to pay such an amount to the Supplier, the Supplier has a right to settle such amounts through future transactions or through the cancellation of the future subscription agreement.
- The Customer agrees and undertakes to be solely responsible for the payment of all the respective relevant taxes, levies, and surcharges due upon the payments made by its customer(s) facilitated through the partner payment gateway.
- Hotel Direct Bookings are room bookings made on-site at the property a.k.a walk-in, phone, groups, and other direct bookings. The supplier might withhold commissions or fixed fees on these bookings as per the contract.
- Third-Party Online Bookings are room bookings made using third-party Online Travel Agency (OTA) systems like Expedia, bookings.com, etc. The Subscriber shall pay the applicable commissions, fees, and PG charges to the third-party OTA. The supplier might withhold commissions or fixed fees on these bookings as per the contract.
- Hotel Online Bookings are room bookings made using the Subscriber’s web booking a.k.a booking engine system that is integrated with the Supplier’s PG. The Supplier will withhold the indicated commission or fixed fee charged on the entire booking value exclusive of taxes and the PG charge, and credit the net proceeds to the Subscriber’s account.
- Stayflexi OTA/GHA Bookings are room bookings made using the Supplier’s Online Travel Agency (OTA) system or Google Hotel Ads. Unless otherwise negotiated on the contract, The Supplier will withhold the 15% commission on the entire booking value exclusive of taxes and the PG charge, and credit the net proceeds to the Subscriber’s account.
- Magic Link Transactions are self-check-in, self-room upgrade, early check-in, late check-out, and other add-on purchases over the Supplier’s web link. Unless otherwise negotiated on the contract, The Supplier will withhold the 5% on the entire transaction value exclusive of taxes and the PG charge, and credit the net proceeds to the Subscriber’s account. The supplier might withhold commissions or fixed fees on these bookings as per the contract.
- The Subscriber shall be responsible for all chargebacks incurred with regard to payment-related issues in accordance with the chargeback rules and guidelines issued by various Banks and Card Associations.
Term and Termination
Unless otherwise negotiated on the contract, This Agreement shall commence on the Effective Date and shall continue for 24 months thereafter being automatically renewed for 1 year increments, unless either party notifies the other party of termination, in writing, at least 60 (sixty) days before the end of any Renewal Term
On termination of this agreement for any reason:
The Subscription granted under this Agreement shall immediately terminate.
The Supplier may destroy the Subscriber Data in its possession. The Subscriber has the responsibility of extracting all past data from the system before the end of the Subscription.
Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
The Customer can terminate this agreement at any time, with or without cause with 60 days written notice
This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
For US contracts, the validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Delaware applicable to contracts made and to be wholly performed within such state, without giving effect to any conflict of laws provisions thereof. The Federal and state courts located in the State of Delaware shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the terms of this Agreement and the Customer: (i) consents to personal jurisdiction therein; and (ii) waives the right to raise forum non convenient or any similar objection.
For India contracts, the validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Karnataka applicable to contracts made and to be wholly performed within such state, without giving effect to any conflict of laws provisions thereof. The state courts located in the State of Karnataka shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the terms of this Agreement and the Customer: (i) consents to personal jurisdiction therein; and (ii) waives the right to raise forum non convenient or any similar objection.
Any failure by either party to enforce the other party’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
Although the restrictions contained in this Agreement are considered by the parties to be reasonable, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, electronic-mail, or mailed by certified mail, return receipt requested, postage prepaid, in each case, to the address of the other party first indicated above (or such other addressee as may be furnished by a party in accordance with this paragraph). All such notices or communications shall be deemed to have been given and received (a) in the case of personal delivery or electronic-mail, on the date of such delivery, (b) in the case of delivery by a nationally recognized overnight carrier, on the third business day following dispatch and (c) in the case of mailing, on the seventh business day following such mailing.
This Agreement is personal in nature, and neither party may directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of the other party, whose consent will not be unreasonably withheld. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.