PRODUCTS
The Supplier shall supply the following service (hereinafter known as “service”):
Digital guest portal access, hotel profile, support, artwork and hosting of guest portal.
THIS AGREEMENT made on the day of execution dated on reciept of submission.
WHEREAS, the Supplier is engaged in the business supplying certain digital services as defined below;
WHEREAS, the Company wishes to acquire certain goods by the Supplier;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS:
SUPPLY OF PRODUCTS
During the term of this Agreement and any extension thereof, the Supplier shall sell and supply the service to Company and the Company shall purchase the service from Supplier non-exclusively.
ORDERS
Every monthly transaction between the Company and the Seller shall be evidenced by an invoice. A request shall be made by the Company to the Seller in writing containing the billing period, billing amount and any other billing information, billing and processing of payments may be via a third party billing partner or supplier on behalf of Digital Hotels. Failure to make your monthly payment may result in an account suspension until resolved. See invoicing for further detail.
PRICING
Note: As part of the Choice Hotels inital launch offer – Your hotel will recieve a complimentary 6 month subscription and a waived setup fee from date of this agreement execution.The current pricing is confidential and applies to Choice Hotels group only (valid till 31/12/24) Setup fee – $50.00 -Monthly fee (based on total rooms) Rates are: 0 to 10 rooms – $29.95/month, 10 to 25 rooms – $39.95/month, 25 to 50 rooms – $49.95/month, 50 rooms and above – $59.95/month -Rates are GST exclusive, rate are both AUD/NZ.
INVOICING AND PAYMENT
Upon receipt of this executed agreement. Notifcation will be provided to Choice Hotels Asia-Pac of this agreement. This and future invoice amounts will be deducted and itemised on your monthly Choice Hotels FAS statement. Payments will commence from 6 months post this agreement execution date
FORCE MAJEURE
Supplier shall not be responsible for damages for delays caused by reason of force majeure such as due to earthquake, flood, war, or in cases of inclement weather that shall prevent the delivery of the goods to the Company. Supplier shall notify the Company as soon as possible the incident and shall be made in writing thereafter.
TERMINATION
This Agreement shall remain effective beginning the date signed by the Parties hereto and shall remain in effect until terminated by any of the parties hereto, in a form of a written notice. Supplier will require 30 days notice to process the termination. If Choice Hotels Asia pac requires a hotel to have this product as a required brand item, we may consult Choice Hotels to approve cancelation of services.
GOVERNING LAW
This Agreement shall exclusively be construed and is governed in accordance with the laws of the State of South Australia
WARRANTY
The Supplier warrants that the services delivered to Company conforms to the specifications as well as the technical and quality standard require.
In case of any downtime to the service which is not caused by the Company, such product shall be fixed within 2 working days day from the date of notice to Supplier. Otherwise, reimburse the company for the cost of the service for those days deemed unusable.
SEPARABILITY CLAUSE
The clauses and provisions contained in this Agreement are intended to be read separately. In case any provisions hereto are found to be invalid by a competent court, such invalidity shall affect only the said provision and the rest of the remaining provisions shall remain valid and enforceable.
AGREEMENT MODIFICATION
Any modifications or alterations to this agreement shall require the consent of the parties hereto in writing. Any modifications in any of the provisions in absence of such consent shall not be considered as having been made.
NON-WAIVER
No waiver of any party hereto shall be considered as having been made unless otherwise such party executes it in writing. The failure of any party to insist upon the strict compliance of any of the terms, conditions and covenants shall not be deemed as a waiver or relinquishment of any of the rights or remedy that said party may have.
COUNTERPARTS
This agreement may be executed in two or more counterparts each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
RELATIVITY
This agreement inures to the benefit of, and is binding upon the successions, heirs, and assigns of the parties hereto.
ASSIGNMENT
Unless otherwise expressly stated in this Agreement, the parties may not assign the rights, obligations, liabilities, or interests hereunder without the written consent of the other Party hereto.
CHOICE HOTELS OFFER
This is confirmation that your hotel has been included in the Choice Hotels offer of 6 months complimentary monthly fees plus complimentary setup, after that the agreement will roll onto the relevant Choice Hotels preferred pricing and will be billed monthly via your CHAP statement.