This document constitutes a binding Accommodation Provider Agreement (sometimes referred to as the “Agreement,” ) between you, the Accommodation Provider (referred to as “you,” or “your”), and DEVSTAYZ Limited (referred to as “DEVSTAYZ,” “we,” “us,” or “our”). This Agreement lays out the fundamental basis for how DEVSTAYZ will provide you with Channel Management and Booking Engine Services, along with any other mutually agreed-upon services.
We recognize that the digital landscape is constantly changing, and our service offerings may need to evolve. For this reason, we reserve the right to amend the terms of this Accommodation Provider Agreement at any time. When we make changes, we will give you written notice at least 30 days in advance.
By continuing to use the Service after any changes are announced, you explicitly accept the terms of this Agreement as they are modified from time to time. This ensures that the terms remain current and reflect our mutual understanding of the services being provided.
We will provide you with channel management and booking engine services, which are fully described in the Schedule attached to this Accommodation Provider Agreement (the “Service”).
The definition of “Services” may also include additional services that we provide to you by mutual written agreement. Should we agree to these extra services, this Agreement will apply to them as well. For example, a property management group may initially only request the booking engine but later decide to integrate a full Property Management System (PMS).
Access to the Service will be granted via a unique Uniform Resource Locator (URL) designed specifically by us.
We always reserve the right to upgrade, modify, alter, limit, or terminate the Service at any time. We will make every effort to notify you about significant changes to the Service. By accessing and using any additional services, you agree that they will also be governed by this Agreement.
To ensure we can successfully provide the Service, you must provide accurate, current, and complete information. You are responsible for notifying us of any changes to this information promptly.
Access credentials (username and password) are for your exclusive use. You must keep them secure and confidential. You are prohibited from sharing your credentials or granting unauthorized access to the Service.
In compliance with PCI DS Security Standards, DEVSTAYZ will prompt you to change your password every 90 days to ensure ongoing protection of sensitive information such as credit card data.
You are solely responsible for all use of the Service under your username or password. You agree to indemnify and hold DEVSTAYZ harmless from any claims resulting from unauthorized access due to failure to protect your credentials.
If you suspect any security breach or unauthorized use, please notify us immediately at operations@DevStayZ.in.
You agree that you will pay all charges for the Services, as fully set out in the Schedule (the “Charges”). All Charges will be paid to an account selected by DEVSTAYZ when invoiced. Please note that all payments are to be made in New Zealand dollars (NZD).
All Charges are exclusive of applicable taxes, duties, governmental levies, or any other charges. You are fully responsible for the payment of all such charges, including any bank transfer fees or currency conversion costs that may arise.
If you fail to pay the Charges by the due date, we will issue you a 10-day written notice requiring full payment. If payment is not made within that period, we reserve the right to suspend the Service without further notice. Resumption of services after suspension will incur a reconnection fee per listing renewal. Late interest and collection-related legal fees may also apply.
DEVSTAYZ reserves the right to modify pricing and payment terms at its sole discretion. You will receive at least 30 days’ advance notice of any such changes via the email address provided in the Schedule.
As the Accommodation Provider, you play a vital role in ensuring the smooth operation of the Service. You must strictly follow all instructions provided in the DEVSTAYZ User Guide.
We aim for maximum connectivity but are not responsible for access issues caused by third-party systems. Managing your bookings and inventory remains your responsibility; we provide the tools, but daily operation is your duty.
You agree to indemnify and hold us harmless against all claims made by third parties arising from your failure to fulfill your obligations under this Agreement.
DEVSTAYZ provides the Service “as is” without express or implied warranties, including merchantability or fitness for a particular purpose. The guarantees of the Consumer Guarantee Act 1993 do not apply.
We will not be liable for loss of profit, revenue, savings, or data, nor for any indirect, special, or consequential damages, even if advised of their possibility.
Our total liability to you for any claims will not exceed the amount you paid to us for the Services during the one month preceding the claim.
We are not responsible for service interruptions or failures caused by factors outside our control, such as internet issues or hardware failures. It is your responsibility to back up all data.
All intellectual property rights in the Service, its content, and related processes belong solely to DEVSTAYZ or its suppliers. You agree not to challenge or act inconsistently with DEVSTAYZ’s ownership.
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared under this Agreement, except as required by law.
You consent to DEVSTAYZ identifying you as a client in promotional materials and communications.
The Service interfaces with various third-party websites and systems. DEVSTAYZ is not responsible for their operation, availability, or the accuracy of information they provide.
DEVSTAYZ may collect personal information under the New Zealand Privacy Act 1993 on your behalf. You are responsible for ensuring compliance and security of credit card and customer data.
DEVSTAYZ deletes all credit card data from its systems within 72 hours after receiving booking details. Once deleted, the information cannot be recovered.
We may immediately terminate your access if you fail to comply with this Agreement.
Either party may terminate this Agreement with at least 30 days’ written notice.
Sections on Warranties, Liability, Intellectual Property, Confidential Information, and Privacy will continue to apply after termination.
DEVSTAYZ may subcontract or assign rights under this Agreement. You may not assign or sublicense your rights without our prior written consent.
This Agreement is governed by the laws of New Zealand, and any disputes will be handled in its courts.
A delay or failure to exercise a right is not a waiver of that right.
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions or agreements.
A: The Service primarily includes the channel management and booking engine services detailed in your specific Schedule. However, the term "Services" can expand to include other hotel technology solutions we offer, such as a Property Management System (PMS), Point of Sale (POS), and Revenue Management System (RMS), if you have mutually agreed to and contracted for those additional solutions. Essentially, it covers the full suite of hotel management software you use from us.
A: We may amend the terms of this Agreement at any time. You will receive a written notice of any changes at least 30 days in advance. By continuing to use the Service after the notice period, you are deemed to have accepted the new terms.
A: All charges are paid in New Zealand dollars (NZD). Quoted charges do not include taxes, duties, levies, or bank transfer fees. The Accommodation Provider is responsible for all such additional costs.
A: If payment is missed, we’ll issue a written notice giving you 10 days to clear the dues. If not paid after that, the Service will be suspended. Reactivation requires payment of the outstanding amount, any late charges, and a reconnection fee per listing renewal.
A: Keep your username and password secure and confidential. Do not share them with anyone. You’re responsible for all usage under your credentials. As per PCI DS Compliance, you’ll be asked to update your password every 90 days.
A: You are fully responsible for managing bookings and inventory. DEVSTAYZ provides tools but is not liable for overbooking incidents. Proper daily management is your responsibility.
A: DEVSTAYZ’s total liability will never exceed the amount paid for the Services during the one-month period preceding the claim. We are not responsible for indirect or consequential losses such as data loss or loss of profit.
A: DEVSTAYZ acts as your agent while collecting customer Personal Information, including credit card data. All card details are deleted from our system 72 hours after receipt. Compliance with the New Zealand Privacy Act 1993 is required.
A: This Agreement is governed by the laws of New Zealand. All disputes will be resolved in New Zealand courts.
A: Yes. This Agreement represents the full and final understanding between both parties, replacing any previous written or verbal agreements.