1. Terms of use
Mybooking is an online service for managing reservations. These conditions set out the rights and obligations of the user and of Mybooking as a service provider.
The detailed services are provided by Mybooking, Karyasala SLU with NIF B02838894 and address at Center Bit, Avinguda des Camp Verd P37-46, 07730 Alaior, Illes Balears.
The contractor of the service or services, hereinafter “CLIENT”, accepts the conditions detailed in this contract. The use of this / os service / s implies full acceptance of the conditions of this contract.
2. Characteristics of the service provided
Mybooking we study the suggestions of our clients and we plan those that we consider useful in our work roadmap. We cannot guarantee the date the functionality will be available. In the event that the client requires the development of a functionality not included in the product, we will assess its development under budget.
3.Technical support or inquiries
3.1. Mybooking will offer technical or functional support according to the contracted service through the customer service email support@mybooking.es during the entire term of the contract.
3.2. The response time is less than 4 hours in cases of incidents and technical or functional support. If the error or bug resolution service has been contracted, the response time is 1 day in case of serious errors (inability to work), 5 days in case of medium errors (difficulty in working) and 15 days in case of minor errors (does not affect daily work). In the computation of time, Saturdays, Sundays and official Balearic holidays will not be considered.
3.3. The service will be provided within Mybooking business hours: Monday to Friday from 10:00 a.m. at 5:30 p.m. excluding official Balearic holidays.
4. Prices, billing and payments of the service provided
4.1. Mybooking will inform the CLIENT of the registration and monthly fee at the time of contracting the service.
4.2. The registration fee corresponds to the registration of the service, the configuration of the platform, the loading of initial data (products, rates, organizational structure, notification templates, …).
4.3. The monthly fee corresponds to the availability and use of the platform, data storage and technical support through the customer service email.
4.4. The payment of the services provided are on a monthly basis. The monthly installments will be paid on the 10th of each month by direct debit or VISA card. When the CLIENT unsubscribes from the service, a subscription invoice will be issued to pay the calendar days from the termination of the service until the end of the current month.
4.5. The price of the service may be modified by Mybooking giving 30 days’ notice through the means it deems necessary, including the Internet. In the event that there is a modification of rates by Mybooking, once this change is notified, if the CLIENT does not reject the variation requesting the cancellation of the service, it will be understood that they accept the new rates. In any case, Mybooking undertakes to make a variation in the price of the service every year, at most.
4.6. In case of return, delay or non-payment of receipt 5 days after the registration date of each month, Mybooking will suspend the service, previously notifying the CLIENT, until the confirmation of the payment due. In case of return of the receipt, the CUSTOMER will be charged six (6) € + VAT for the cost of bank commissions.
4.7. After repeated delays or non-payments, Mybooking reserves the right to ask the CLIENT for a deposit, with an amount equal to the fee that is being paid.
4.8. In the event of having to cancel a service due to non-payment, Mybooking will not be responsible for the damages that this may cause to the CLIENT, or to the CLIENT’s clients.
The registration fee for the number of vehicles. Here is the rate table based on the number of vehicles.
5.Subscription from the service provided
5.1. The minimum contract is one month, unless otherwise agreed. This contract is automatically extended after this time.
5.2. The CLIENT may cancel it by requesting it 5 days before the start of the new subscription period by email or in writing. Once this date has passed, Mybooking will be able to claim payment for the entire period.
5.3. In the event of intercepting any illegal conduct or activity, Mybooking reserves the right to deny or terminate the contracted services without prior notice.
5.4. In the hypothetical case that Mybooking cancels the service provided without the CLIENT having violated any of the conditions described here, the amount corresponding to the proportional part of the period not consumed would be returned.
5.5. In any case, Mybooking will not be responsible for the consequences that may arise from the interruption of the service.
5.6. On the day of cancellation, the client will be offered the data (SQL) to be downloaded (compressed file in tgz format or similar). If the client wants a copy in digital support (CD, DVD …) he will have to pay the management and shipping according to the current rates.
5.7. After 5 working days of cancellation, the data will be completely erased from the servers.
6. Guarantees of the service provided
6.1. Mybooking will be responsible for the correct functioning of the system, assuming the costs of incidents produced in the service that are the responsibility of Mybooking. In this case, Mybooking will compensate the CLIENT for the cost equivalent to the time without service. In no other case can there be any other type of financial compensation for these problems.
6.2. The CUSTOMER must communicate the fault or incident by email to the address soporte@mybooking.es and then claim compensation. The period to be compensated will be counted from the moment the notice is received. The compensation will be in additional service time at no cost.
6.3. In the event that the incidents may derive from misuse by the CLIENT, it reserves the right to bill the CLIENT for these expenses.
6.4. Mybooking is not responsible for the adequacy of the services it offers to the needs of the CLIENT. Its inappropriateness may not be a cause for termination of the contract or non-payment of fees.
6.5. The CLIENT must put their own conditions of use of the service to their clients, if any, likewise will be responsible for providing technical support to their clients.
6.6. Mybooking makes backup copies of all its servers with which the service can be restored in the event of a serious technical incident. Likewise, Mybooking is not responsible for possible loss of data or errors in the service provided.
6.7. The CLIENT must ensure the secrecy of the words (passwords) to access the service, modifying them if he has the least suspicion that third parties know them.
7. Responsibilities
7.1. Mybooking will not be responsible for loss of profits and damages as a result of the use, operation or performance of the software, being responsible only for the acts carried out that are necessary for the fulfillment of its obligations in accordance with this contract.
7.2. Mybooking will not be responsible for the breach of its obligations defined in this contract, if the performance of these obligations has been prevented, interfered with or reasonably delayed by circumstances beyond the control of Mybooking. These events will be, for example and among others, acts of force majeure, acts of God, strikes, riots, lockouts, acts of war, epidemics, official acts or regulations, fires, communications failures, power failures, lightning strikes, earthquakes, floods, catastrophes and other events.
8. Conditions of the contract
8.1. The conditions of this contract may be modified by Mybooking, notifying it by whatever means it deems necessary, 30 days in advance. If during this period of time the variation of the conditions is not expressly rejected by the CLIENT, it will be understood that they accept the modifications of the contract conditions.
Jurisdiction
9.1. Both parties (CLIENT and Mybooking) submit to the Courts and Tribunals of Mahón, Illes Balears for the resolution of any controversy that may arise as a result of this contract, renouncing their jurisdiction if it were otherwise.
10. Data protection policy
Mybooking, following the current regulations for the protection of Personal Data (Law regulating data privacy, Law 15/1999 of December 13), informs:
10.1. The CLIENT undertakes to comply with the obligations derived from the Data Protection Laws or any other that are applicable at all times. The CLIENT is responsible for communicating and enforcing the current law on the protection of personal data if personal data is collected in its WEB or ERP application. If this fact is fulfilled, the CLIENT, in its capacity as responsible for its file, will indemnify Mybooking for any loss, damages, damages, interests, penalties or indemnities that Mybooking is obliged to satisfy, may suffer, or in which it may incur as a result of misuse, or breach by the CLIENT of the obligations of this clause and / or breach on their part of the obligations in force at all times in terms of data protection.
10.2. The CLIENT is responsible for communicating and enforcing the current law on the protection of personal data if personal data of the CLIENT’s clients are collected in its WEB or ERP application, as well as warning its clients of the location of the servers of Mybooking.
10.3. In the case of WEB hosting, the CLIENT must publish on its website a legal notice with its legal data: NIF, address, location of the servers, license of the web content, … and, in case of collecting personal data from CLIENT’s clients, a notice on compliance with the current data protection law. Otherwise, some notices will be published by default.
10.4. In the case of domain registrations, the CLIENT authorizes Mybooking to provide the following information (name, surname, full address and telephone number) with the domain body (ICANN) in order for the domain names to be registered in the CLIENT’s name . This authorization is necessary for the domains to be registered in the name of the legal owner who requests them.
11.Server content
11.1. Mybooking will not be responsible for the content hosted on the server (s) hired in any case, whether they are owned by the CLIENT or by the CLIENT’s clients.
11.2. It is strictly forbidden to use the servers for illegal purposes. Mybooking reserves the right to disconnect a server if it is being used for illegal purposes, notifying the relevant authorities. In no case may:
Hosting illegal content, be it child pornography or copyrighted content (music, videos, software, etc. licensed to limit copying).
Use the server to perform SPAM (massive and indiscriminate sending of e-mails).
11.3. The CLIENT is notified that the server where the information and the WEB and ERP applications are hosted is located in Spain or within the territory of the European Union, the CLIENT unequivocally accepting this fact.