Terms of Sale
Last Modified: 09/2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRAVEL REPUTATION SERVICES, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENTS, GOODS, OR SERVICES, BY APPLICABLE LAW.
These terms and conditions (the “Agreement”) apply to the purchase and sale of products and/or services through https://hotelreputationmanagementservices.com (the “Site”). This Agreement is subject to change by Travel Reputation Services, LLC d/b/a My Hotel Reputation (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review this Agreement prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under this Agreement, the products and/or services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Services. We will perform the services described on the Site for the service level package that you select. We shall exercise reasonable skill and care for Client’s Hotel, including but not limited to the following and shall be done as possible and/or when requested:
- Monitor and manage reviews on Client’s Hotel OTA (as defined in Section 10 below) to which they have been given access (ie Log In Credentials). This management will include responding on behalf of the client (when requested) to all new comments and/or reviews that are posted on the OTA as well as any other review site that Client has allowed access to commencing on the date of this signed agreement. Note: It is the intent of My Hotel Reputation to respond to reviews within 72 hours of the date the review is posted live on the internet. Review response is subject to the corresponding review site/platform or OTA meaning the date in which they become live for online website visitors to view can vary and is subject to the corresponding review site/platform or OTA being accessible. Delays in responding and response time may incur but will remedied as soon as possible.
- Included in the Set Up process Reviews will be responded to dating back 6 months from agreement date or the most recent 20 reviews (whichever is less). Responses will only be posted on reviews which have not already been responded to and will include (but not be limited to)the following review sites: (As Requested) TripAdvisor, Expedia, Booking.com and Hotels.com, Medallia and/or any site requested to be managed by My Hotel Reputation.
- Create a custom Facebook Business page for Hotel (when requested), target market to help increase “likes” on their page and manage posts and comments as made possible.
- Create a custom review page for the Client Hotel that which they can direct guests to and that will send the guest to their relevant review sites.
- Supplying Client with 250 custom cards with a link to their Hotels Review Sites.
- Reminder Cards will include Hotels relevant photo or logo.
- Set up fee for these cards are included in set-up price.
- Additional cards may be purchased by Client at a fee of $50 per 250 cards.
- Post any active promotional offer which Hotel is running on Google and Facebook when details are provided by Client.
- Help optimize and enhance all review, booking and social media sites which are relevant to the Client’s Hotel to the best of their ability.
My Hotel Reputation will only exercise these roles and responsibilities to the extent they are capable. If for any reason the Client is not able to or does not supply My Hotel Reputation with the log in or account information for any of the above identified websites or has not responded to input needed on specific reviews, My Hotel Reputation will be removed from the obligations set forth in this agreement for that specific website. In addition – My Hotel Reputation is not liable for issues that arise due to errors or problems on the side of any corresponding review platform or OTA. In many instances we have faced errors with sites such as Expedia, Hotels.com and Booking.com not posting responses or being down for maintenance. My Hotel Reputation will make all good faith efforts to respond and manage reviews on all platforms but Client is hereby made aware of such issues that may arise and will not hold My Hotel Reputation liable in these cases.
- Term & Termination. The services will be performed on a month-to-month basis, and this monthly term (the “Term”) shall automatically renew each month until terminated. This Agreement may be terminated:
- by either party upon thirty (30) days’ advanced written notice to the other party;
- if either party becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
- if either party breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
- Responsibilities, Warranties, and Representations of Client.
- Client Responsibilities. Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
- coordination of any decision-making with parties other than My Hotel Reputation;
- providing login credentials for OTAs and other third-party website or platforms;
- Client Responsibilities. Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
- provision of all materials, information, photography, writings, and other content for use in providing the services (the “Client Materials”) in a form suitable for reproduction or incorporation into the services without further preparation; and
- providing additional information, materials, and/or data as may be reasonably requested by My Hotel Reputation, including without limitation, input on how to properly respond to a review or post on OTAs.
- Information & Authorization. Client agrees to provide us with information as may be reasonably necessary for us to perform the services. Such information includes, but is not limited to, usernames and passwords to access Client’s OTAs, social media accounts, and other online platforms. Furthermore, Client authorizes My Hotel Reputation to access accounts or platforms on Client’s behalf for the purpose of performing the s
- Warranties and Representations. Client represents, warrants, and covenants to My Hotel Reputation that:
- Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Materials,
- to the best of Client’s knowledge, the Client Materialsdo not and will not infringe on the rights of any third party, and use of the Client Materials as well as any trademarks or other intellectual property in connection with the services does not and will not violate the rights of any third parties,
- the use, reproduction, distribution, or transmission of the Client Materials will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right,
- the Client Materials will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation
- Client shall comply with the terms and conditions of any licensing agreements which govern the use of any proprietary third party materials which are incorporated into the services, including, but not limited to, stock photography or illustration (“Third Party Materials”),
- Client will promptly advise My Hotel Reputation of any applicable laws, regulations, or requirements which are or may be relevant to our performance of the services for Client.
- Marketing Release. Client agrees that My Hotel Reputation may use any or all portions of the Client Materials and may accordingly use, reproduce, modify, and distribute the Client Materials as may be necessary or reasonable for the performance of the serv
- As part of the services, the Client Materials, as well as the name, address, and other contact information of the Hotelmay be prepared, displayed, handed out, advertised, and/or otherwise published in different forms of media and may be displayed on various internet sites including, without limitation, online review sites, social media sites, blogs, and other online platforms.
- Client understands that such marketing may make information about the Client’s property and possessions available to third parties over whom My Hotel Reputation has no control. Being aware of the foregoing, Client requests that My Hotel Reputation prepare, display, hand out, publish and otherwise utilize the Client Materials in any or all ways described in this Agreement, or as may otherwise become available for purposes of providing information about a Hotel, Client, or for otherwise providing the services to Client.
- By Client. Client agrees to indemnify, save, and hold harmless My Hotel Reputation from and against any and all damages, liabilities, costs, losses, or expenses, including attorneys’ fees, arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations, or warranties under this Agreement.
- By My Hotel Reputation. Subject to the terms, conditions, express representations, and warranties provided in this Agreement, we agree to indemnify, save, and hold harmless Client from any and all damages, liabilities, costs, losses, or expenses arising out of any finding of fact which is inconsistent with My Hotel Reputation’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of the negligence or misconduct of Client provided that:
- Client promptly notifies My Hotel Reputation in writing of the claim;
- We shall have sole control of the defense and all related settlement negotiations; and
- Client shall provide us with the assistance, information, and authority necessary to perform our obligations under this section.
- Notwithstanding the foregoing, My Hotel Reputation shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client Materials, any unauthorized content, improper or illegal use, or the failure to update or maintain any Client Materials.
- Release of Liability. My Hotel Reputation is not responsible for, and Client hereby releases My Hotel Reputation from, liability for any delays, loss, damage, or costs arising or resulting from website/server outages, outages or downtime of OTAs, third party software or other platforms, security breaches, hacks, or any other events beyond My Hotel Reputation’s The services, deliverables, and the work product of my hotel reputation are sold “as is.” In all circumstances, the maximum liability of my hotel reputation, its directors, officers, employees, agents, and affiliates to Client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, shall be limited to the net profit of my hotel reputation attributed to this Agreement. In no event shall my hotel reputation be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special consequential, exemplary, or punitive damages arising out of or relating to the materials or the services provided by my hotel reputation, even if my hotel reputation has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
- No Warranties or Guarantees. My Hotel Reputation will use commercially reasonable efforts in performing the services. However, we cannot and do not guarantee any certain performance, return, or other outcome as a result of the services. Except for the express representations and warranties stated herein or in the proposal, my hotel reputation makes no guarantees or warranties whatsoever as to a particular outcome, result, or return on investment that may result from the services. my hotel reputation explicitly disclaims any and all warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
- Modification. This Agreement may not be modified except in writing agreed to by both parties
- Waiver. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
- Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail or by certified or registered mail, return receipt requested. Notice shall be effective upon receipt, or in the case of fax or electronic mail, upon transmission to the other party.
- Assignment. My Hotel Reputation may assign its rights and obligation under this Agreement as we deem necessary or appropriate, with or without notification to or consent of Client. Client may not assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned, or encumbered by operation of law or otherwise, without the prior written consent of My Hotel Reputation.
- Force Majeure. My Hotel Reputation shall not be liable or deemed in breach of this Agreement for any failure of or delay in the performance of this Agreement if My Hotel Reputation is unable to perform the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, change in any law or regulation, pandemic or epidemic, national emergency, disruption or outage of communications, disruption or unavailability of OTAs or other third-party websites or platforms, change in any procedures or rules related to OTAs or other third-party websites or platforms, any local, state, federal, national or international law, governmental order or regulation, or any other event beyond My Hotel Reputation’s control (collectively, “Force Majeure Event”).
- Governing Law & Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Nevada without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. The courts located in the State of Nevada, Clark County (State and Federal) shall have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection with this Agreement, or any breach thereof. Any service of process given to either party via certified U.S. Mail, return receipt request, shall be deemed to have the same force and effect as personal service given within the State of Nevada provided, however, that in order to effectuate service upon My Hotel Reputation, a copy also must be mailed to Travel Reputation Services 1562 First Ave #205-4320 New York, NY 10028-4004. Client understands and agrees that it is hereby waiving any further objections to choice of law, venue, personal jurisdiction and subject matter jurisdiction in any legal proceeding involving the terms and performance of the Agreement brought in accordance with this paragraph.
- Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
- Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
- Entire Agreement. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement.
- Definitions:As used in this Agreement, the following terms shall have the meanings specified below:
- “Us,” “We,” “Our,” and “My Hotel Reputation” shall refer both to Travel Reputation Services LLC d/b/a My Hotel Reputation and the website located atMyHotelReputation.com.
- “Client” shall refer to the owner, manager, or other authorized party in acceptance of this agreement.
- “Hotel” shall refer to the individual hotels or other lodging establishments which are owned or managed by Client.
- “OTA” shall refer to online travel agent and travel booking websites to which My Hotel Reputation has been given access by Client. By way of example, OTA includes (without limitation) websites such as Expedia.com, Hotels.com, Booking.com, Priceline, and any other review site that Client has allowed access to.
By entering into this agreement with Travel Reputation Services, LLC d/b/a My Hotel Reputation, Client acknowledges that it has read these Terms of Sale and fully intends and agrees to by bound thereby, and warrants that it has the full right, power, and authority to enter into this Agreement and to make all of the grants, promises, and covenants herein contained.