These terms govern customer use of the Accomclick’s software and services. If customer visits any of the Accomclick websites or register for a free demo / trial, free plan, or paid plan of our service on any of our website for cloud-based product, these terms apply.

A. Acceptance of Terms

Accomclick Sdn Bhd (“Accomclick”, “We”, or “Our”), is an IT enabled company that provides cloud-based Software & related services to the Hospitality & Travel Industry (“Customer”, “You”, or “Your”). These Terms are binding on any use of Accomclick’s Software and services and apply to You from the time that We provide You with access to the Software and services. The terms of use are intended to explain Our obligations as a service provider and Your obligations as a customer. Please read them carefully.

By accepting these Terms, or by accessing or using the Accomclick Software and services, You agree to the following terms and conditions (the “Agreement”). If You are entering into this Agreement on behalf of a company, then You represent that You have the authority to make purchase decisions for the company and all references to You shall refer to Your company.

Accomclick Software and service will constantly update and change over time based on customers’ feedback. These Terms are not intended to answer every question or address every issue raised using Our Software. Accomclick reserves the right to change these terms at any time, effective upon posting of the modified terms and Accomclick will make every effort to communicate these changes to You via email or notification via the Website. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on Our Website.

B. Definition

This is where We provide the details on what the key defined terms in the Agreement mean.

“Agreement”

It means these Customer Terms of Service and all materials referred or linked to here.

“Billing Period”

It means the period for which You agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term as specified in the Order Form. For example, if You subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

“Communication Services”

It means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable You to communicate with the public or with a private group.

“Confidential Information”

It means all information provided by You or Us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser’s business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.

“Customer Data”

It means any data & information that You submit or collect via the Subscription Service.

“Materials”

It means all materials that You provide or post, upload, input or submit for public display through the Subscription Service.

“Order” or “Order Form”

It means the Accomclick approved form or online subscription process by which You agree to subscribe to the Subscription Service. Most Orders are completed through Our online payment process.

“Payment Gateway”

Payment gateway is a service that is used to accept payments from guests for booking transactions, process refunds to guests whenever required, manage subscriptions, and perform transaction reporting.

“Sensitive Information”

It means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, and other regulations, laws or industry standards designed to protect similar information.

“Accomclick”, “We”, “Us” or “Our”

It means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section.

“Software”

It means the Software available (as may be changed or updated from time to time by Accomclick) via the Website.

“Subscription Fee”

It means the amount You pay for the Subscription Service (billed monthly or annually) in accordance with the fee schedule set out on the Website (which Accomclick may change from time to time on notice to You).

“Subscription Service”

It means all of Our web-based applications, tools and platforms that You have subscribed to by an Order Form or that We otherwise make available to You, and are developed, operated, and maintained by us, accessible via Accomclick extranet or another designated URL, and any ancillary products and services, including website hosting, that We provide to You.

“Subscription Term”

It means the initial term of Your subscription to the applicable Subscription Service, as specified on Your Order Form(s), and each subsequent renewal term (if any).

“Third-Party”

It means non-embedded products and professional services that are provided by third parties which inter-operate with or are used in connection with the Subscription Service. These products and services include non-Accomclick apps available or links made available through the Subscription Service.

“Third-Party Sites”

It means third-party websites linked to, from, or within the Subscription Service, including but not limited to, Communications Services, Channel Manager integration, and payment gateway.

“Website”

It means the Internet site at the domain www.accomclick.com or any other site operated by Accomclick.

“You”

It means You and includes Your employees, consultants, representatives and agents.

C. General Commercial Terms

Access

During the Subscription Term, We will provide You access to use the Subscription Service as described in this Agreement and the applicable Order. This right is non-exclusive and non-transferable and limited by these Terms.

Additional Features

Additional features include Software or Services. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within Your Accomclick account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that You activate from within Your Accomclick account.

Any other additional features, which is not listed on Our Website at the time of your initial subscription, shall ONLY be raised to Us in writing by form of email to [email protected] We will not be responsible for the additional features request which is not communicated to Us in email.

Such additional features, which are not listed on Our Website at the time of your initial subscription, would not be included in the subscription fee. Such additional requests, if mutually agreed between You and Us, would need an additional quotation which could only be issued by Our finance department. However, this may be excluded only for those We provide as complimentary service to You which have been approved by Our management.

In addition, Accomclick works with various Third Party service providers through API integrations. Such integration serves as additional features for You with an intention to enhance Your business. Such additional feature shall be enabled upon your written request following Clause mentioned in the above paragraphs. We connect You and the Third Party service providers. For account registration and account setup required by standard operating procedures of the Third Party service provider are the dealing strictly between You and the service providers.

Availability

We try to make the Subscription Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance. However, We are not responsible for down-time caused by disruption happening in any of Our partnering Third Party service providers.

D. General Obligations

You must only use Accomclick’s Software, Third Party services made available to you from within Subscription Services, and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Accomclick or condition posted on the Website.

You are responsible for the accuracy of the content entered into the Accomclick Software and Services under Your user account. You agree to indemnify Accomclick against liability or loss arising from, and cost incurred in connection with any content entered the Accomclick Software under Your account. Accomclick shall not be responsible if it cannot obtain access to any third-party website or interface that is required in order to provide the Service in the event that any link fails to connect due to changes in the third party systems. However, Accomclick will make any effort to reinstate the connection.

It is Your responsibility to carefully manage Your bookings and inventory. Accomclick will not be responsible for any errors in bookings (including overbooking case) and Accomclick shall not be liable to indemnify for the same. You shall indemnify Us and hold Us harmless against all claims made by third parties that arise from Your failure to perform Your obligations under this Agreement.

When You opt in any of Our partnering Third Party service providers through the API integration, it is Your responsibility to, follow standard operating procedures required by the approved Third Party service providers, provide the required information for registering an account with the respective Third Party service providers. Your account registration with Our partnering Third Party service providers is, however, subject to their approval, which is beyond Our scope of control. They will review and may conduct further intermittent reviews of Your information to determine that You are eligible to use the Payment Gateway services.

E. Fees and Payments

Subscription Fee

All subscription fees payment shall be made in advance and payable in MYR or USD to Accomclick. The charges are exclusive of any taxes, duties or other government levies or charges that the Customer shall continue to be liable for as and when the same is imposed.

Accomclick and services are made available on a pay-as-You-go basis or pre-pay depending on Your subscription types. You will be billed monthly or annually depending on Your subscription preferences until this Agreement is terminated and it is non-refundable, notwithstanding any accounts which have been debited in error or for which appropriate notice (15 days) has been given in writing to cancel Your subscription account with Accomclick.

An invoice for the Subscription Fee will be issued to the contact provided by You during the sign up starting the first month from the date You subscribed to Accomclick and services. Accomclick invoices will be generated electronically and reached by email and/or SMS, payable within 7 days of the invoice date depending on the payment method that You choose. You are responsible for payment of all taxes and duties, if any, in addition to the Subscription Fee as and when applicable in Your country by-laws.

If You are paying by credit card, You authorize Us to charge Your credit card or bank account for all fees payable during the Subscription Term. You further authorize Us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party.

If You are paying by invoice, We will invoice You no more than seven (7) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within seven (7) days from the date of the invoice, unless otherwise specified in the Order Form.

Renewal

Your subscription to the Subscription Service(s) will renew automatically for a Subscription Term equivalent to Last Subscription Term. You acknowledge and agree that, unless You terminate Your Subscription Service with an advance notice of 15 days Your credit card will be charged automatically for the applicable Subscription Fee or You are liable to the payment for the applicable Subscription Fee.

You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing Us at [email protected]

Auto-renewal is not applicable to the subscription that We offer as free of Subscription Fee. You would be notified in an email about the expiry date of Your free of Subscription Fee plan. We will contact You for further action about Your free of Subscription Fee plan’s renewal. Decision to the Renewal for free of Subscription Fee plan is wholly and exclusively at the discretion of Accomclick.

Refunds

Any refund requests, please contact our support team at +6 012 4059140 or email at [email protected] and our company will handle each refund request on a case by case basis.

Late Payment or Non-Payment of Subscription Fee

We will send You a notification by email and/or SMS seven (7) days before the next Billing Period starts. For payments made through credit cards, We must receive payments due within three (3) days from the date of Our notice and for payments through other accepted methods, We must receive payment within seven (7) days from the date of Our notice.

While the reminder alerts are given to You for renewal of subscription, in the event You are not able to renew the subscription, the subscription will be suspended, forthwith terminated. We reserve the right to suspend Your subscription if it is not renewed on time.

Upgrade / Downgrade / Change in Subscription Plan

You may upgrade or downgrade within a Subscription Plan or between two subscription Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss.

For any upgrading in plan part way through the month, You will be charged a prorated amount for the current billing month, and then the amended fee from the next billing period onward. Upon downgrade, the new Subscription Fee will be applied from next billing period.

Sales Tax

All fees are exclusive of taxes, which We will charge as applicable. You agree to pay any taxes applicable to Your use of the Subscription Service . You shall have no liability for any taxes based upon Our gross revenues or net income. If You are subject to SST / GST, all fees are exclusive of SST / GST. If You are required to deduct or withhold any tax, You must pay the amount deducted or withheld as required by law and pay Us an additional amount so that We receive payment in full as if there were no deduction or withholding.