Terms and Conditions

The hotelsnearyou.info Web Site (the “Site”) is an online information service provided by OMNIA OFFICE sas (“OMNIA OFFICE”), for the product HotelNearYou (“HNY”) subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. OMNIA OFFICE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is OMNIA OFFICE, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to OMNIA OFFICE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to OMNIA OFFICE by all means and in any media now known or hereafter developed. You also grant to OMNIA OFFICE the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against OMNIA OFFICE for any alleged or actual infringement or misappropriation of any proprietary right in your communications to OMNIA OFFICE.

Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of OMNIA OFFICE. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
All products, domain names and content are copyright to the full extent of the law. We fully reserve the rights of all products, website (in its entirety) and intellectual property.

Limitation of liability

IN NO EVENT WILL OMNIA OFFICE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OMNIA OFFICE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OMNIA OFFICE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
OMNIA OFFICE makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-OMNIA OFFICE web site, please understand that it is independent from OMNIA OFFICE, and that OMNIA OFFICE has no control over the content on that web site. In addition, a link to a OMNIA OFFICE web site does not mean that OMNIA OFFICE endorses or accepts any responsibility for the content, or the use, of such web site.
We accept no liability, implied, or otherwise, should the use of our products or services cause downtime, loss of earnings or any other negative impacts. We will be more than happy to offer support and assistance where possible to resolve any issues your site may have. However, it is you responsibility to ensure that you always have a backup of your sites files, databases and other information before making any changes.

Idemnification

You agree to indemnify, defend and hold harmless OMNIA OFFICE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights

The provisions of paragraph 2 (Indemnification) are for the benefit of OMNIA OFFICE and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Indemnification), 3 (Third Party Rights) and 5 (Miscellaneous) shall survive any termination of this Agreement.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Italy applicable to agreements made and to be performed in Italy. You agree that any legal action or proceeding between OMNIA OFFICE and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Italy. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. OMNIA OFFICE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. OMNIA OFFICE may assign its rights and duties under this Agreement to any party at any time without notice to you.
We have tested HNY with every major plugin to make sure that it will work seamlessly with an average wordpress installation. However, because there are billions of combinations of plugins and themes, we can not guarantee HNY to work with every combination. We can only guarantee HNY to work with a fresh default install of wordpress. We will work with will work with all users who experiance any problems to find the part of the site that is stopping HNY from working.

Liability

We accept no responsibility for any damage or loss of earnings to your blog in any instance when using OMNIA OFFICE products. It is your responsibility to keep a regular backup of your database and/or relevant files so that if the worst does happen, you can use your backup to bring your blog back online.

Support & Customer Services

All support, customer services and billing enquiries should be made via the support section of our site. Our staff will always do their best to assist you where possible.

Site Access

If you experience a problem that can not be fixed by following our instructions, it may be required that we access your site to test, isolate and rectify / advise you of our findings. Failure to supply or allow access will result in us being unable to assist you.

Terms of Service / Terms & Condition Changes

Changes to our Terms of service and terms & conditions will be made without direct notification. It is your responsibility to ensure you check for changes in our terms of service and terms & conditions. All changes are posted on the Site News category of our blog.

Compatibility

We periodically test all of our wordpress products under a variety of environments. As there are literally billions of plugin/theme/environment combinations, we only guarantee our wordpress products to work with default plugins and default theme in a linux/unix, php4/php5 environment with default cpanel options and default apache. All other products are tested in default and common environments and are not guarenteed to work with every system and configuration. If you do encounter any problems, our support team will be happy to assist you where they can.

Paypal Disputes

Our ongoing work and support structure means that there should be no instances where a paypal dispute should be required.

• Not As Described. If you believe any of our products are incorrectly described, you should contact our Customer Services team. We work hard to ensure that all our descriptions are accurate.
• Product Not Received. If you have paid for your product, but you are unable to download it, you should contact our billing department. From time to time, paypal can take longer than usual to confirm your payment after you have made your purchase. In all cases, you should contact our support department so that they can investigate this issue.
• Unauthorised Payment. An “Unauthorised Payment” dispute should only ever be opened when someone other than the named account holder has used the paypal account in question to make a payment that you did not authorise. In the event of an “Unauthorised Payment” dispute being opened, we will fully support both the paypal account holder and paypal by providing statistical evidence of activity logged on our website by the person who made the payment. Paypal will then use these details including IP, screen resolution and many more statistics to check against your paypal account and confirm if the purchase was made using your connection and/or paypal account. When opening an “Unauthorised Payment” dispute you will have to agree to paypal’s terms which include confirming that the information you have submitted is correct and factual, facing legal action if the information is found to be incorrect as this action can be viewed as attempted fraud.

When we receive dispute case details from paypal, we will freeze all associated accounts and prepare our full defence for the case. This process takes time, resources and money. If paypal decide that your claim is unjustified, we will take all necessary action to recover from you, the cost incurred when defending your unjustified claim, including legal costs, defence preparation and any other associated costs. We will suspend and/or terminate all accounts and products/services associated with the disputed account, offering no refunds in part or in full. If you bought a domain from us, we will terminate your domain and dispose of it however we see fit to cover the remaining costs incurred when defending the unjustified dispute that was made against us via your paypal account. While we will always try to be as fair as we can, we do not think that it is fair to pass the price of defending ourself against an unjustified “Unauthorised Payment” dispute onto our other clients who have not made unjustified claims against us.

Any disputes opened with paypal that do not provide accurate & valid reasons why it is being disputed will be instantly escalated to paypal.

Slander

Any users found to be making untrue claims about our staff, company, products, services or other areas of our business will be banned from our website and all privileges will be removed. We will pursue all slanderous comments to the full extent of the law. We would like to point out that we have no intention to restrict anyone’s freedom of speech, but we will protect our business name and image against misleading, untrue or otherwise slanderous comments.

Complaints

All complaints should be directed to our customer services department who will be happy to assist you and do their best to resolve your complaint to a satisfactory outcome.

Privacy Policy

All details obtained during registration, ordering or other activity on our site are held with the strictest confidance. The law D.lgs. n. 196/2003 deals with the protection of personal data. According to this law, the handling of data shall follow principles of correctness, and transparency and the protection of your privacy and your rights. In accordance with art. 13 D.lgs. n.196/2003, we state: 1) The data that you provide will be used exclusively for matters relating to the newitalianblood site; 2) Providing personal data is optional and there is no consequence if you do not provide it; 3) The information that you provide will not be passed on.

• email. The email address used when you create an account on our licensing server will be used to contact you when an update has been released. You can not opt out as these are critical emails concerning the security of your site and plugin.
• Newsletter. Subscribing to our newsletter is optional and involves a double opt in system for added security and verification. We will from time to time send offers and discounts to newsletter subscribers.
• Personal Details. It is your responsibility to ensure that your personal details are kept up to daye. Any users whose email address repeatedly returns undeliverable, not known, dns or other errors will have their accounts temporarily suspended as a precautionary security measure.
• False Details. Anyone found to be using false, fraudulent or otherwise incorrect information will have their accounts and licenses suspended and will be revoked access to our websites and support system.

Affiliate Sales Fraud

Anyone found to be committing fraud, or receiving chargebacks on sales will have their accounts suspended and all funds frozen.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

All services provided by OMNIA OFFICE may only be used for lawful purposes. The laws of Italy apply.
The customer agrees to indemnify and hold harmless OMNIA OFFICE from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email vendite@omniaoffice.com with subject “abuse notification” and the information required. If the request is of a licensing issue, we may require further documentation.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Payment Information

You agree to supply appropriate payment for the services received from OMNIA OFFICE, in advance of the time period during which such services are provided. You agree that until and unless you notify OMNIA OFFICE of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of OMNIA OFFICE, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. OMNIA OFFICE provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact vendite@omniaoffice.com
OMNIA OFFICE reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. OMNIA OFFICE is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on OMNIA OFFICE servers.

Cancellations and Refunds

OMNIA OFFICE reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
There are no refunds on plug-in purchases.

Disclaimer

OMNIA OFFICE shall not be responsible for any damages your business may suffer. OMNIA OFFICE makes no warranties of any kind, expressed or implied for services we provide. OMNIA OFFICE disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OMNIA OFFICE and its employees.

Disclosure to law enforcement

OMNIA OFFICE may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

OMNIA OFFICE reserves the right to revise its policies at any time without notice.

Billing & Invoicing

Invoices are generated periodically for products and/or services with recurring billing. Your account will show the next due date for your product and/or service.
When an order is placed an an ititial invoice is created, you are given 3 days grace in which to pay the invoice before it becomes overdue.
Any new orders with overdue invoices will remain inactive until the payment has been received. No accounts, products or services will be activated without an initial payment, unless the product is free.

Cancellations

Clients can submit cancellations at any time. If the client has only one product/service, then the clients account will be closed. If the client has more than one product/service, the product/service will be cancelled. If the product/service has a recurring payment, it will automatically be cancelled at the end of the current billing cycle.Refunds will not be issued for any cancelled producs and/or services. Before cancellations will be accepted, your account must not have any overdue invoices.

Refund Policy

As OMNIA OFFICE are offering non-tangible irrevocable, digital goods we do not issue refunds after the subscription or individual purchase is made, which you (the client) are responsible for understanding upon registering and/or placing an order.

Support

OMNIA OFFICE offers products and/or services ‘as is’, with no implied warranty, meaning that they may not function exactly as you wish or with all 3rd party components and plugins. Further, we offer no support via email or otherwise for installation, customization, administration of WordPress itself, unless stated otherwise.
Some reported issues may require ftp and/or admin access to your server/blog so that the reported issue can quickly and accurately be addressed, isolated and rectified. Failure to provide access will result in us being unable to troubleshoot the reported issue. Failure to supply required login details may result in us being unable to assist you further with your reported issue.
When requesting support, you should always do so via our support page which is located at http://OMNIA OFFICE.com/support/ ensuring that you follow the on screen guidelines and provide accurate answers to all requested information. Incomplete support requests or support requests opened in incorrect departments may not be replied to as quickly as requests containing correct information which have been opened in correct departments.
Our support staff are here to assist you in any way they can. If you have any complaints about any of our staff, please ask to talk with a manager and your ticket will be passed to the relevant manager.
Anyone found using foul, abusive or threatening language or behaviour will have their accounts suspended.

Software License

Our software is licensed for use on a “per blog” basis. All coding is encrypted and you are not allowed to edit files or coding without our authorization. You can not claim any of our work as your own. You can not alter software images or rename the software. You can not resell our software under their current names or any others.

Software Storage

Our software should only be stored on your pc in zipped format. You are not permitted to have a zipped copy of our software anywhere on your server. This is because most servers are unprotected and hosting our zipped files on your server can easily allow unauthorized access, download and illegal distribution of our software. Anyone found to have our software available for download will be asked to remove it via legal routes. Failure to comply will result in further legal action wherein fees may be incurred.

Communications

Unless otherwise stated, all communications with any member of our staff or company representative, including, but not limited to, e-mail, support tickets, live chat, are copyrighted to OMNIA OFFICE and should not be used or reproduced in any manner without our expressed written permission. Reproducing copyrighted material will be a breach of our terms as well as infringement and violation of our copyrights.

Backups

It is the clients responsability to ensure that they have accurate, up to date and full backups of their site at all times.

Price Changes

OMNIA OFFICE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice.

Warranty

OMNIA OFFICE does not provide any warranty or guarantee for any products/services in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested against the demonstration websites linked from our main description where available. Please ensure that the browsers you use will work with the software as we can not guarantee that OMNIA OFFICE.com software will work with all browser combinations.

Copyright

Unless otherwise stated, all content, including but not limited to text, images and other forms of media are protected by copyright and intellectual property rights and are the ownership of OMNIA OFFICE. You should not duplicate any content without the express written consensus of OMNIA OFFICE.

(Our company reserves the right to change or modify current Terms and Conditions with no prior notice).

Venice, July 11, 2010.