The Lobby Boy PMS TERMS AND REFERENCE

Acceptance of terms of use.

Your use of this website including all services, tools and software (collectively “The Lobby Boy”) is subject to your irrevocable acceptance without modification of these Terms of Use (the “Terms”) and Privacy Policy. You agree to use The Lobby Boy in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and The Lobby Boy (“The Lobby Boy”, “we”, “us” or “our”). If you do not read or accept these Terms, do not use The Lobby Boy or this Web property. By accessing any part of The Lobby Boy, you consent to be bound by these Terms.

Your use of The Lobby Boy is subject to the Terms in effect at the time of your use. We reserve the right to update and change the Terms from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.

By making any use of The Lobby Boy, you signify your irrevocable acceptance of the Terms and Privacy Policy in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use The Lobby Boy, then you represent and agree that you have the authority to accept the Terms and Privacy Policy on behalf of such corporation or other legal entity and that all provisions of the Terms and Privacy Policy will bind that corporation or other legal entity as if it were named in the Terms and Privacy Policy in place of you.

Eligibility.

You must have the legal capacity to act in order to use the The Lobby Boy services. If you use the Site or programme on behalf of a corporation or other legal entity, you must be an authorized representative with the authority to bind them to these Terms (which authority you hereby exercise).

Changes to the terms

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. Your continued use of The Lobby Boy after any posted modification to the Terms indicates your acceptance of the modification.

Registration, account information and account access.

To use features of the The Lobby Boy, you will be required to create an account and provide information about yourself to us. When you register, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account passcode and are responsible for all activities that occur on or through your account, whether authorized by you or not.

The Lobby Boy will not be liable for any loss or damage arising from your failure to maintain control over access to your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time if the account has been abused or misused.

The Lobby Boy shall have no access whatsoever as to the database or any form of information provided and gathered by the hotel, hostel or B&B (ex. number of clients, statistics, revenue, reports, guest list) except those needed for the The Lobby Boy database (number of rooms, name of the hotel, email address of the owner.

The Lobby Boy emphasizes that it is not legally responsible for the hotel’s declarations as regards to the number of clients for the purposes of tax declaration or any other financial & fiscal or other obligations as to the tax and other related authorities.

Versions of The Lobby Boy service.

The Lobby Boy may be made available in free or paid version. Not all of the features and functionality of The Lobby Boy may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at our discretion.

The Lobby Boy or parts of it will continuously be upgraded and improved therefore we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Lobby Boy (or any part thereof) with or without notice at any time. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of The Lobby Boy.

Payment terms.

In order to register for or use a paid version of The Lobby Boy, you may be required to provide us with billing and account information ("Billing Information") for a credit card or another payment system (Paypal information) for which you are authorized to approve charges (each, a "Payment Source"). You must provide us with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.

Payments to The Lobby Boy shall be done within the first week of the month (first 7 days of the month), no later than the first 10 (ten) days of the month. If the latter case happens, the account shall be de-activated.

If payment is not wired in due time, the The Lobby Boy database shall be de-activated. The period of de-activation of the account can not be longer than 6 (six) months. If the The Lobby Boy database is activated within 6 (six) months, the data saved (room confirguration of your premise and other data) on the The Lobby Boy database are being saved and can be re-opened (as they were never deleted). However, if the The Lobby Boy database is once de-activated (within 6 months, or not activated before 6 months) then all the data that were saved will be permanently lost.

Payments to The Lobby Boy on annual basis shall be done within the first 10 days of the month, no later than 7 extra days. If the latter case happens, the account shall be de-activated.

If applicable, you authorize The Lobby Boy to automatically and immediately bill your Payment Source when charges for your use of the paid version of The Lobby Boy are due, without any further action on your part or other prior notice from us. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.

If you register to use a paid version of The Lobby Boy on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and your Payment Source will be billed for that paid version of The Lobby Boy. We will notify you by email prior to this automatic conversion.

If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid, or if you fail to pay charges for a paid version of The Lobby Boy when due, your account may be suspended at our discretion. If your account is suspended, we may, but are not obligated to, maintain your account and/or related content and information, in order to allow you pay the past due charges and restore your account. If the charges are not paid, your account will be cancelled.

Unless stated to the contrary, all charges for paid versions of The Lobby Boy are non-refundable, even if your use of that paid version is cancelled before the end of your current billing period.

Unless stated to the contrary, all currency references in paid versions of The Lobby Boy are in EURO.

If you subscribe to The Lobby Boy on an annual basis, your payment of the Service Fee for the initial annual term is due on the Effective Date specified in your Paid Plan upgrade screen. Payment of the Service Fee for each annual term thereafter is due in advance on the first day of each such annual term. We will invoice you for such Service Fees and you will pay each such invoice within thirty (30) days of its date

If you subscribe to a Paid Plan Service on a monthly basis, your payment of the Service Fee for the initial monthly term is due on the Effective Date specified in your upgrade screen. Payment of the Service Fee for each monthly term thereafter is due in advance on the first day of each such monthly term. The Service Fee will be paid to us via your Payment Source. We will not initiate your paid The Lobby Boy service monthly subscription until we receive payment of the Service Fee for the initial monthly term in full.

As between you and us, you will, in addition to the other amounts payable to us, pay all sales and excise taxes and other taxes, federal, state, provincial, or otherwise, as well as customs duties where applicable, however designated, which are levied or imposed by reason of any transaction pursuant to the Terms, other than those taxes based on the income of The Lobby Boy. You will pay to us an amount equal to any such taxes or duties actually paid, or required to be collected or paid, by us.

If your account is upgraded from a free version of The Lobby Boy to a paid version of The Lobby Boy, your Payment Source will be automatically billed for that paid version of The Lobby Boy. If your account is upgraded to a service level of a paid version of The Lobby Boy for which the charges are greater than your current service level, your Payment Source will be automatically billed the new amount due at the start of the next payment period, including any prorated amount for a partial billing period.

Cancellation and termination.

If you voluntarily cancel a paid version of The Lobby Boy before the end of your current billing period, your cancellation will take effect upon our receipt and processing of your cancellation request.

We, in our sole discretion, may terminate your passcode and/or account and remove and discard any content within The Lobby Boy for any reason, including and without limitation lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms or Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at our discretion, will be terminated as well.

We, in our sole discretion and at any time, may discontinue providing The Lobby Boy, or any part thereof, with or without notice. Any termination of your access to The Lobby Boy under any provision of the Terms may be effected without prior notice. We may immediately deactivate or delete your account, as applicable and all related information and content. We reserve the right to bar any further access to such information or content or The Lobby Boy services and web properties. We will not be liable to you or any third party for any termination of your access to The Lobby Boy. After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account, or that you have stored on The Lobby Boy, may be deleted by us. We will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason. If you subscribe to The Lobby Boy Paid Plan Service on an annual basis, your subscription will commence on the Effective Date specified in your The Lobby Boy Paid Plan upgrade screen and will remain in full force and effect for an initial term of one (1) year, after which it will automatically renew for subsequent terms of one (1) year each unless terminated earlier by you or by us. You may terminate your The Lobby Boy Paid Plan Service annual subscription only at the end of a full annual term, by giving us at least thirty (30) days advance written notice of such termination. If you subscribe to a The Lobby Boy paid plan on a monthly basis, your subscription will commence on the Effective Date specified in your The Lobby Boy Paid Plan upgrade screen and will remain in full force and effect for an initial term of one (1) month, after which it will automatically renew for subsequent terms of one (1) month each unless terminated earlier by you or by us. You may terminate your The Lobby Boy paid plan monthly subscription by giving us at least ten (10) days advance written notice of such termination.

Additional software terms and conditions.

With respect to any additional software (ex. channel manager) that may be made available by us in connection with The Lobby Boy, if you elect to download or access such additional software through the Internet, you understand that you may have to agree to additional terms and conditions before you use such software.
You also may be subject to additional terms and conditions that may apply when you use affiliated or other The Lobby Boy services, third-party content or third-party software.

Interstate and International Use.

In using The Lobby Boy to send electronic communications, and as a result of our network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
The Lobby Boy is hosted in Kosovo. If you use The Lobby Boy from outside of Kosovo, you are voluntarily transferring information (potentially including identifiable information) and content to the Kosovo and agreeing that our collection, use, storage and sharing of your information and content is exclusively subject to the laws of the Kosovo, not of the jurisdiction in which you are located.
You will comply with all Kosovo laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

Advertising and advertisers.

The Lobby Boy may include advertisements. We reserve the right to include advertisements in different versions and/or in different service levels of The Lobby Boy at our discretion.

Resale of The Lobby Boy.

You will not reproduce, duplicate, copy, sell, resell or exploit any portion of The Lobby Boy, use of The Lobby Boy, or access to The Lobby Boy without the express permission by The Lobby Boy.

Confidential information and proprietary rights.

The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos ("Materials") contained in this Site are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. The Lobby Boy or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from us. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of The Lobby Boy, its licensors or any third party. Any persons breaching any of this provision will be prosecuted by law.
Content contained in sponsor advertisements or information presented to you through The Lobby Boy or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on The Lobby Boy, any necessary software used in connection with The Lobby Boy, or any advertiser's content, in whole or in part.
We do not want to receive confidential or proprietary information from you through The Lobby Boy or by email. Unless otherwise agreed in writing by an authorized The Lobby Boy representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to content or to your personal information that is subject to the Privacy Policy.

Notice of and Procedure for Copyright Infringement

We respects other’s intellectual and proprietary rights. In accordance with the Kosovo Copyright Law, The Lobby Boy has designated a Copyright Attorney to receive notice of claims of alleged copyright infringement on The Lobby Boy. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on The Lobby Boy or on sites linked to or from The Lobby Boy, please send The Lobby Boy’s Designated Attorney a notice containing the following elements:

a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
b) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
c) A description of where the material that you claim is/are infringing is/are located on The Lobby Boy, such as the URL of the webpage or screenshot within a mobile app, so that we can locate the material;
d) Your address, telephone number and email address;
e) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Send the notice containing the above information to the following Designated Agent:

Founder & CEO: Arben Jonuzi

Company Details:
The Lobby Boy LL.C
Str. Fehmi AGani 2/4
Pristina, 10000, Kosovo
Telephone number: +383 (0) 44 739 005
E-mail Address: info@thelobbyboy.com

Warranties, disclaimers and limitations of liability.

The Lobby Boy and all its content is made available to you on an "as is" basis.
The Lobby Boy makes no warranties, representations, or conditions of any kind, express, statutory or implied as to:
the operation and functionality of the site,
the accuracy, integrity, completeness, quality, legality, usefulness, safety, and ip rights of any of the content, including but not limited to the accuracy of guest write-ups and hostel information, and
the products and services associated with The Lobby Boy or its content.
The Lobby Boy further disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, that you obtain from The Lobby Boy shall create any warranty, representation, or condition not expressly stated herein.
The Lobby Boy disclaims all liability for any:
indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,
loss of profits,
business interruption,
loss of or damage to reputation of you or any third party, or
loss of information or data.
The Lobby Boy further disclaims all liability for any loss or damage arising out of your use of The Lobby Boy and its content. Your use of The Lobby Boy and its content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the site.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

Resolution of disputes.

If a dispute arises between you and The Lobby Boy, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and The Lobby Boy agree that we will resolve any claim or controversy at law or equity that arises between us out of the Terms or The Lobby Boy services (a “Claim”). Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
The agreement and your use of The Lobby Boy are governed in all respects by the Kosovo Legislation without giving effect to any principle that may provide for the application of the law of another jurisdiction.
Any dispute, controversy or claim arising out of or in relation to the conditions set out in this terms and reference document, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration administered by the American Chamber of Commerce in Kosovo in accordance with the Rules of Arbitration of the American Chamber of Commerce in Kosovo.
If a dispute arises between you and The Lobby Boy and a user outside the Kosovo’s jurisdiction, the relevant authority like the Arbitration Chamber of Commerce shall be the venue.

Indemnity.

You agree to indemnify and hold The Lobby Boy, its owners, affiliates, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of The Lobby Boy, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Lobby Boy. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Government restricted rights.

The Lobby Boy is a "Commercial Item”. All unpublished rights are reserved under the copyright laws of the Kosovo. For purpose of any public disclosure provision under any law, it is agreed that The Lobby Boy is a trade secret and proprietary commercial product and not subject to disclosure.

Unauthorized access.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Investigations.

We are under no obligation to monitor The Lobby Boy, its content, your content, or third-party content. However, we reserve the right to investigate possible violations of the Terms, block users, accounts, profiles, The Lobby Boy Network write-ups, or any other content from The Lobby Boy, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your content, in accordance with our Privacy Policy.

Feedback.

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

Miscellaneous.

a. No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
b. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on this website.
c. The Terms contain the entire agreement between you and us regarding the use of The Lobby Boy, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
d. Any failure on our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e. If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
f. The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
g. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact and Violations.

Please contact us with any questions regarding the Terms. Please report any violations of the Terms to The Lobby Boy.

Marks.

The Lobby Boy, the The Lobby Boy logo are proprietary service marks of The Lobby Boy LLC.