RFPMAKER – HOTEL SUBSCRIPTION TERMS AND CONDITIONS – AGREEMENT
- RFPMaker is a brand and brand name for any services supplied by Shevana ApS
- RFPMaker is fully owned by Shevana ApS
- RFPMaker is an online platform which facilitates direct connection between hotels and companies and large associations with the aim to find the best volume accommodation deals and for hotels to establish a steady recurring customer group and to reduce their OTA commissions significantly
- The specific hotels to this Agreement are referenced herein as HOTEL
COMMENCEMENT AND TERMINATION
This Agreement shall enter into force upon mutual acceptance by the Parties, which is designated as the date of agreement with the terms of a public contract on the official website www.rfpmaker.com and remains in force for 12 months thereafter.
Each Party has the right to notify the cancellation of the Agreement by giving notice at least three months before the expiry date of 12 months after the date specified in this document.
If neither of the Parties has notified the cancellation, the Agreement will automatically renew and remain in force for another 12 months.
ACCOUNT PAYMENT AND ACTIVATION
HOTEL must pay a onetime fee of 19.95 EUR which covers the activation and registration of HOTEL´s account with RFPMaker. In connection with said account registration, HOTEL must provide full contact coordinates including name of Hotel, address, contact person or contact department and relevant e-mail addresses and telephone numbers. The fee of 19.95 EUR must be paid by HOTEL and received by RFPMaker before HOTEL can submit bids to RFPs presented by RFPMaker.
HOTEL has to pay a yearly subscription fee of 349 EUR. Payment of this subscription fee is only due and conditioned upon HOTEL’s receipt of 50 direct bookings/realized room nights via the RFPMaker platform.
RFPMaker reserves the right to change the prices for the subscription or system administration no more than once a year. The price change information will be published according to the provisions contained in § 6 herein.
Payment of the account set-up fee, the fixed transaction fee pertaining to §3 herein, and the subscription fee can be made through:
- Online payment via Stripe. If HOTEL uses a third-party bank card to pay for company services via stripe, HOTEL is required to notify the third party that a 1-year repayment may be automatically recharged from the cardholder. HOTEL is responsible for informing the third person about the possibility of recharging money and is obligated to reimburse the amount of the subscription to such a cardholder independently.
- Bank transfer payment shall be made subject to receipt of invoice in PDF format via e-mail, sent to the specified e-mail address of the hotel’s financial manager (finance department), or to all e-mail addresses specified in HOTEL´s account on the RFPMaker platform. Transfer time may take up to five banking days before payment is received by RFPMaker.
Payments as described above are to be transferred to banking coordinates as follows:
Bank: Jyske Bank
Currency account: EURO
BIC address: JYBADKKK
Upon renewed Agreement pertaining to § 1 herein, the annual subscription fee – conditioned upon HOTELS receipt of 50 room night bookings in the previous contract period- will be automatically charged 7 days before expiry date. Payment must be settled within 15 days after expiry date, subject to HOTEL´s receipt of invoice in PDF format via e-mail.
RFPMaker is entitled to 4 EUR per realized room night at HOTEL for all bookings made by employees, members, or associates of the organizations introduced by RFPMaker via the RFPMaker platform to HOTEL.
HOTEL is obligated to present RFPMaker with a monthly room night production report by the end of every month, showing all completed bookings and number of client’s nights at HOTEL, pertaining to clients referred to HOTEL via the RFPMaker platform.
Regardless the companies or associations – the clients – may not select RFPMaker´s booking engine and the production takes place through one of the GDS, or third-party booking engines, or even through a voucher code; HOTEL agrees to present monthly production reports to RFPMaker.
The fees are calculated according to the clients´ actual spent number of room nights, regardless if this number is higher or lower than the original booking.
Payments of booking fees pertaining hereto are due on a monthly settlement basis to be bank transferred or through credit card at latest 15 calendar days in the month following the settlement month.
VALUE ADDED TAX (VAT)
According to the Danish legislation the following VAT rules apply:
- Entities based in Denmark will have 25% VAT applied to invoices
- Entities based in countries within the European Union (EU), other than in Denmark, will not have VAT applied to invoices, so long as a VAT number is provided. Entities who do not provide a VAT number may have an additional 25% VAT applied
- Entities outside the EU, no VAT is applied
Any rights including but not limited to patents, trademarks, copyrights, software rights, licensing rights, and proprietary know-how that exist prior to this Agreement as well as any such rights that might be developed after commencement of this Agreement are deemed property of RFPMaker.
Any use of the logos, patents, trademarks, or other rights belonging to RFPMaker are subject to prior written approval by RFPMaker.
Failure to comply with this provision shall be construed as substantial breach of Agreement.
All terms and conditions herein are published on the official RFPMaker website.
Any changes and modifications to said terms and conditions must be published on the official RFPMaker website to take effect after expiry of HOTEL´s actual contract period.
HOTEL is to maintain complete confidentiality with respect to any and all information acquired under this Agreement. This clause of confidentiality is to remain in force indefinitely. Failure to observe this confidentiality clause is to be construed as a substantial breach of Agreement.
HOTEL is not allowed to circumvent and enter into any direct agreements with the employees, members, or associates of the companies or organizations introduced to HOTEL by RFPMaker via the RFPMaker platform. A circumvention is defined as any activity or agreement which consequently deprives RPFMAKER of its revenue pertaining to HOTEL´s annual subscription fee referenced above, and the fixed transaction fee referenced in § 3 herein.
Any breach by HOTEL of this clause irrevocably obligates HOTEL to compensate RFPMaker and pay the hotel subscription fee pertaining to § 2 herein and pay the aggregate fixed transaction fee pertaining to § 3 herein for a period of two years counting from the date of the registered breach of contract.
Unilateral refusal to fulfill the terms of the contract is considered by the parties as inadmissible. In case of the improper performance of the contract terms, the guilty party shall be liable in the form of a fine of a one yearly subscription fee for each such violation.
The violations for which the parties are bound to agree: to disclose information to third parties without the consent of the owner of the information, refusal to grant access to the platform that is the subject of this agreement, violation of the terms of providing or not submitting a report on actually received services in accordance with § 3, violation of any kind of payment terms.
JURISDICTION and DISPUTES
The Parties are committed to solve any disputes arising from this Agreement in amicability.
Any disputes that cannot be settled in this way will be handled by arbitration with seat in Copenhagen, Denmark and subject to Danish jurisdiction and subject to the arbitral organization’s rules and regulations and current legislation.
AGREEMENT EFFECTIVE DATE
This Agreement takes effect according to §1 herein.