Terms & Conditions Agreement - Supplier

Join the most successful information source for South Gippsland visitors, the Prom Country web site – www.promcountry.com.au This web site has received 273,100 visitors in the last 12 months! Memberships are $120 for 12 months. Secure online bookings: There is a ten percent commission to G K O’Neill for all bookings facilitated. Our fee is $30 per hour including G.S.T. for digital photography and changes to your web page.

By supplying details and offers through our company ("us", "we", "our"), Suppliers ("you") agree to the following terms and conditions, in conjunction with the specific terms of trade already notified to you:

1. DICTIONARY
1.1 Accommodation includes rooms in hotels, motels, serviced apartments, bed and breakfasts or other accommodation.
1.2 Accommodation Data means data pertaining to the displayed accommodation, including supplier details, rack rates, cancellation policies and ratings listed by you that you propose to offer to the public through the Site for the Advertised Price.
1.3 Advertised Price is the displayed accommodation rate.
1.4 Guest means a person who books accommodation through the Site.
1.5 Nett Price means the Advertised Price less our agreed margin.
1.6 Site means our website, designed constructed and maintained by us, that offers the facility to book accommodation to the public at large.

2. REPRESENTATIONS AND WARRANTIES BY THE PARTIES
2.1 You represent and warrant that:
You are the owner or are legally authorised to act on behalf of the owner of the Accommodation.
The Accommodation Data and the Accommodation complies with all applicable laws, statutes, ordinances and regulations.
2.2 We do not guarantee continuous, uninterrupted, or secure access to the Site, as the operation of the Site may be interfered with by numerous factors outside our control.

3. SECURITY OF THE SITE
3.1 We shall provide you with a password to access the Site.
3.2 You agree not to publish, or make available, your password to any third party.

4. SITE CONTENT
4.1 You are solely responsible for the Accommodation Data.
You will maintain accurate and up to date information about your properties submitted and accepted by us (in our discretion) including details about:

Gross rates (including GST and all applicable commissions)
Booking conditions
Cancellation policy
Establishment facilities
Anything that affects or will affect your property in any material way that could be an inconvenience to customers or cause customers to be misled. Such as (without limitation) closure of swimming pools, restaurants or other guest facilities, and refurbishment or renovations on or near your property, weather conditions or other Acts of God known to you.

4.2 You agree that you shall not transmit on or through the Site any material that is, inappropriate, unlawful, obscene, threatening, abusive, defamatory, encourages behaviour that may give rise to criminal activity, is considered adult content, is a breach of intellectual property or may give rise to civil liability.
4.3 We may remove, at our sole discretion, any offending or inappropriate material from the Site without notice.
4.4 We may make changes to the Site without notice to you.
4.5 We may make changes to this agreement from time to time. Changes will be posted on the Site and you will be advised of such changes.

5. BOOKINGS AND PAYMENT CONDITIONS
5.1 We will accept bookings from Guests at the Advertised Price as an independent reseller. We do not act as your agent.
5.2 You agree to provide Accommodation in accordance with the Accommodation Data for each booking as notified by us.
5.3 Upon the Guest's registration in accordance with the booking, you must sight the registering Guest's (or Guests') credit card and valid photo identification to confirm the identity of the Guest. You must also copy and retain photo identification on file for a period of six months from the date of registration of the booking. This procedure helps to protect both your interests and ours.
5.4 You agree to provide Accommodation to the Guest and to charge us the Nett Price.
5.5 Within 30 days after the end of each month, you will submit a tax invoice to us for payments due to you for accommodation provided for bookings accepted by us during that month.
5.6 Our liability to pay you is conditional upon your compliance with this clause 6.
5.7 We shall remit payment to your nominated bank account or by other method as agreed.
5.8 If a Guest fails to register in accordance with the booking, we will remit payment to you in accordance with your cancellation policy, if your cancellation policy is published on the Site. If your cancellation policy is not published on the Site, we will remit the equivalent of one night's accommodation at the Nett Price on receipt of your invoice in accordance with this clause 6.

If you are unable to provide your service after a booking has been confirmed you will provide an alternative service of similar or better standard, including any transfers, at your expense, which is acceptable to the customer. In these circumstances we are still entitled to all amounts payable by you under this agreement as if the booking had been stayed and completed.

6. INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that we own all right, title and interests to the Site, search technology, and that you will not acquire any right, title or interest in or to the Site, and that all of the software used on the Site are subject to copyright.

7. RELEASES & INDEMINTIES BY THE SUPPLIERS
7.1 You indemnify us against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by your act, neglect or default, or the act, neglect or default of your servants and agents;
7.2 You release us from, and agree that we are not liable for:
Damage, loss or injury to you arising from, and cost incurred in connection with, the use of the Site unless it is caused by an act, neglect or default of ours or our agents;
Damage, loss or injury incurred in connection with the Site being interrupted, unavailable or not working properly, however caused.

You will obtain all necessary licenses, approvals and authorities relating to your properties. You will conduct your business in accordance with the law.

8. TERMINATION
8.1 Either party may terminate this agreement by giving to the other party at any time notice by email of its termination of this agreement.
On termination by us, we will deactivate your password and remove the Accommodation Data from the Site.
On termination by you, you will remove the Accommodation Data from the Site.
On receipt of notice of termination by you, we will deactivate your password.
8.2 You acknowledge that:
You have no claim for compensation or otherwise from us if the agreement is terminated under this clause 8, save for any claim for payment made pursuant to clause 6;
You will honour all bookings made up to and including the date of termination for Accommodation to be provided after the date of termination; and
On termination by you, you will honour all bookings made between the date of termination and the date the Accommodation Data are removed from the Site for any accommodation that is to be provided after the date of termination.

9. APPLICABLE LAW
9.1 This agreement is governed by the laws of where the 'Booking Service' is located (unless otherwise specified) and the parties agree to the appropriate jurisdiction for any legal proceedings arising out of this agreement.