Subscription Agreement
Between: Waterfall Digital Holdings Pty Ltd, hereinafter referred to as the “Company”, and Inn Style Integration Subscriber, hereinafter referred to as the “Subscriber”.
Subscription Plan: The Subscriber agrees to subscribe to the following plan:
Monthly Subscription: R600 per month, with a one-time setup fee of R2500.
Annual Subscription: R6480 per year, with a 10% discount applied (equivalent to R540 per month), and auto-renewal unless cancelled.
Subscription Services:
The Company shall provide the Subscriber with access to a website that integrates with the Inn Style Booking Engine as well as hosting, security monitoring, and customization options (billed ad hoc based on request).
The Subscriber agrees to pay the subscription fees outlined above in exchange for the services provided by the Company.
Payment Terms:
The Subscriber agrees to pay the subscription fees in advance on a monthly or annual basis, depending on the chosen plan.
Payments shall be made via Paystack, acquired by Stripe in 2020, using the subscriber card used when signing up to the subscription.
Cancellation Policy:
The Subscriber may cancel the subscription at any time by providing the Company with 1 calendar month’s notice in writing.
If the Subscriber cancels during the annual subscription term, they shall not be entitled to a refund for the remaining subscription period. unless otherwise agreed upon between the Company and the Subscriber.
In the event of cancellation, unless otherwise agreed upon between the Company and the Subscriber, the Subscriber shall not retain any rights to the website or related services provided by the Company.
Account Suspension Policy:
If the payment collection fails on the second retry, the Subscriber’s account will be suspended until the outstanding payment is settled, including the reconnection fee as stated below.
Reconnection Fee:
A reconnection fee of R250 will be charged in the event of a suspended account due to failed payment attempts. This fee must be paid along with the outstanding subscription amount before the account can be reactivated.
Auto-Renewal:
Annual subscriptions will automatically renew at the end of each term unless the Subscriber notifies the Company in writing of their intention to cancel at least 1 calendar month before the renewal date.
The Company reserves the right to adjust subscription fees upon renewal with reasonable notice to the Subscriber.
Intellectual Property:
All intellectual property rights related to the website and integration services, including website design, code, content, and custom developments, remain the property of the Company.
Limitation of Liability:
The Company shall not be liable for any damages, losses, or costs incurred by the Subscriber due to the use of the Company’s services, except in cases of gross negligence or willful misconduct by the Company.
Third-Party Services:
The Company is not responsible for any issues, downtime, or changes in the Inn Style Booking Engine, as it is a third-party service beyond the Company’s control.
Support and Maintenance:
The Company will provide standard support and maintenance services, including addressing technical issues and providing updates to the website. Additional support services may be provided at an extra cost.
Termination:
The Company reserves the right to terminate the agreement if the Subscriber breaches any terms or engages in illegal activities using the Company’s services.
Service Level Agreement (SLA):
The Company will strive to maintain a 99% uptime for the website and integration services. Any planned maintenance will be communicated to the Subscriber in advance.
Pricing Adjustments:
The Company reserves the right to increase monthly subscription fees with a minimum of 30 days’ written notice to the Subscriber. The Subscriber shall have the right to terminate the agreement within 30 days of receiving such notice if they do not agree to the pricing adjustment. If the Subscriber does not terminate the agreement within this period, they will be deemed to have accepted the new pricing terms.
Acceptable Use Policy:
The Subscriber agrees to use the Company’s services in compliance with applicable laws and regulations. Any abuse or misuse of the services may result in termination of the agreement.
Force Majeure:
The Company shall not be liable for any failure to perform its obligations under this agreement due to unforeseen events beyond its control, such as natural disasters, government regulations, or any issues related to the hosting company’s services, as the hosting company is a third-party service provider not under the Company’s direct control.
Governing Law and Dispute Resolution:
This agreement shall be governed by and construed in accordance with the laws of South Africa.
Any disputes arising out of or in connection with this agreement shall first be attempted to be resolved through mediation. If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the courts of South Africa.
General Provisions:
This agreement constitutes the entire understanding between the Company and the Subscriber and supersedes any prior agreements or understandings.
Acceptance:
By subscribing to the Company’s services, the Subscriber acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this agreement.