Hotelsilverlight CPMS Software, Terms of use


NCS. Net Computer Systems hereafter referred to as NCS is an enabled company providing services& solution fort he Hospitality&Travel Industry. Hotelsilverlight is the name of the software owned by NCS. By Subscribing to the service, you agree to the following terms and condition. 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.

HotelSilverlight is a Web based Property Management system designed especially for small to mid size resorts/ businesses. These terms of use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully. These Terms are binding on any use of the Software and apply to you from the time that Hotelsilverlight provides you with Access to the Software. We believe that Hotelsilverlight application will evolve over time based on user feedback, therefore we may improve and upgrade the application to make it more beneficial to the user. hese Terms are not intended to answer every question or address every issue raised by the use of the HotelSilverlight Software. HotelSilverlight reserves the right to change these terms at any time, effective upon the posting of modified terms and HotelSilverlight will make every effort to communicate these changes to you via email or notification via the website. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website

1.Definitions

‘‘Access Fee
Means the monthly fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website
‘‘ Confidential Information
Includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
‘‘ Data
Means any data inputted by you into the Software.
‘‘Intellectual Property Right
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
‘‘Software
Means the software available via the Website
‘‘Website
Means the Internet site at the domain www.hotelsilverlight.com other site operated by NCS.
‘‘HotelSilverlight
Is the name of the software owned by NCS You Includes your employees,consultants, representatives and agents.

2.Use of Software

Hotelsilverlight grants you the right to access and use the Software via the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.

3.Your obligations

Payment obligations
An invoice for the Access Fee will be issued to the Billing Contact each month starting 1 month from the date you added your first Hotel Property within Hotelsilverlight. Invoices will include the Access Fee for the preceding period of use. Hotelsilverlight will continue invoicing you monthly until this Agreement is terminated. All Hotelsilverlight invoices will be generated electronically and reach by email. Payable within 7 days of the invoice date.You are responsible for payment of all taxes and duties in additiob to the Access fee.

General obligations
You must only use the Software and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Hotelsilverlight or condition posted to the website.

Access Conditions
You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify Hotelsilverlight of any unauthorized use of your passwords or any other breach of security and NCS will reset your password or you can also do the same from the Administration Control Panel.
As a condition of these Terms, when accessing and using the Software, you must;

Not attempt to undermine the security or integrity of Hotelsilverlight’s computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and Networks.
Not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or impair the ability of any other user to use the Software or Website;
Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted;
not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use)
not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the Website except as is strictly necessary to use either of them for normal operation.

Communication
As a condition of these Terms, if you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software including: offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you own the content of the communication. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However,Hotelsilverlight does reserve the right to remove any communication at any time in its sole discretion.

Indemnity
You indemnify Hotelsilverlight against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to NCS, including any costs relating to the recovery of any Access Fees that have not been paid by you.

4.Confidentiality and Privacy

Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms.

Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. Each party's obligations under this clause will survive termination of these Terms.

Privacy
Hotelsilverlight maintains a privacy policy that sets out the parties’ obligations in respect of data. You should read that policy at www.hotelsilverlight.com since you will be taken to have accepted it when you accept these Terms.

5.Intellectual Property

General
Title to, and all Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of Hotelsilverlight (or its licensors).
Data
Your access to the Data is contingent on full payment of the Hotelsilverlight Access Fee. You must maintain copies of all Data inputted into the Software. Hotelsilverlight adheres to its best practice policies and procedures to prevent data loss. In the event this Agreement is terminated, Hotelsilverlight will make available to you a file of your Data within 30 days of termination. Hotelsilverlight reserves the right to withhold your Data without notice if termination of subscription is due to your non-payment. Upon termination for cause, your right to access or use the Data immediately ceases, and Hotelsilverlight shall have no obligation to maintain or forward any Data to you.

6.Warranties and Acknowledgements

Acknowledgement
You acknowledge that:

If you are using the Software and accessing the Website on behalf of or for the benefit of an organization (whether a body corporate or not) then NCS will assume that you have the right to do so and that organization will be liable for your actions or omissions (including any breach of these Terms).
The provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk.
Hotelsilverlight does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software.
Hotelsilverlight is not in any way responsible for any such interference or prevention of your access or use of the Software.
It is your sole responsibility to determine that the Software meets the needs of your business.

Warranties
Hotelsilverlight does not warrant that the Software will meet your requirements or that it will be suitable for your purposes.

7.Limitation of Liability

If you suffer loss or damage as a result of Hotelsilverlight 's negligence or failure to comply with these Terms, and claim by You against Hotelsilverlight arising from Hotelsilverlight 's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by you in the previous one month. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate these Terms.

8.Termination

Fifteen days trial policy: When you sign up for the Service you have 15 days in which you can evaluate Hotelsilverlight with no obligation to continue. If you choose to continue using Hotelsilverlight, you will be billed from the day you added your organization. If you choose not to continue with the service, HotelSilverlight has no obligation of providing you with the backup of your data and reserves the right to delete your account from the Hotelsilverlight system

Prepaid Subscriptions: There will be no refund for any remaining prepaid period for a prepaid Access Fee subscription, unless that subscription is cancelled within the 15 day trial period.

No-fault termination :These Terms will continue for the period covered by the Access Fee. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 15 days before the end of the relevant payment period.

Hotelsilverlight may take any or all of the following actions, at its entire discretion

Terminate these Terms and your use of the Software and the Website;
Suspend for any definite or indefinite period of time, your use of the Software and the Website

Accrued Rights
Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this:

Agreement you will: Remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Software and the Website.

9. Help Desk

Technical Problems: In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting NCS. If you still need technical help, please check the support provided online by Hotelsilverlight or failing that email us at

10. General

Complete Agreement: These conditions of HotelSilverlight Confidentiality Agreement and the conditions given with these notifications and other terms forestalls all the agreements, representations (written or oral) that have been made before and it consists of the whole agreement between you and HotelSilverlight so as to include these conditions.
Waiver: All the notifications to be made under these conditions will be sent written via e-mail. The warnings to be sent to HotelSilverlight must be sent to the email address destek@hotelsilverlight.com or another email address notified to you by HotelSilverlight. The warnings sent to your will be sent to the email address that you provide during the installation of the software.
Transfer is not allowed:You cannot transfer or appoint HotelSilverlight to another person without the written permission.
Law and Jurisdiction Management: The laws of Turkish Republic will be applied for this agreement. Any disputes that may arise out of this agreement will be subject to the jurisdiction of the courts in Ankara, Turkey and that are near.
Warning: All the notifications to be made under these conditions will be sent written via e-mail. The warnings to be sent to HotelSilverlight must be sent to the email address destek@hotelsilverlight.com or another email address notified to you by HotelSilverlight. The warnings sent to your will be sent to the email address that you provide during the installation of the software.
The rights of the third parties:The parties not included under these conditions cannot benefit from these rights or force these conditions.