Terms & Conditions
The Namastay Service Terms set forth the terms and conditions under which Namastay, a company with its headquarters located at 37 rue des Mathurins, 75008, Paris, (“Namastay”, “we”, “us”, “our”) grants a licence for the use of its “Software”.
By accepting the Namastay Service Terms, whether by registering to receive the Namastay Services online, through a separate contract between You and Us, or by otherwise indicating your acceptance of the Namastay Service Terms, including through a “Free Period” (as defined below), You:
- Agree and understand that, from the Commencement Date (as defined below), a legally binding contract will exist between You and Us for the Namastay Software, and will be governed by the terms of these Namastay Service Terms;
- Warrant and represent that, if You are entering into the Namastay Service Terms on behalf of another legal entity such as a company or organisation ("Entity"), You are authorised to, and do, agree on behalf of that entity to be bound by the Namastay Service Terms, and any reference to "You" and "Your" shall also bind that Entity;
- Warrant and represent that You will use the Software solely for business purposes, and that Namastay will not be liable for any non-business use of the Software by You or Your Users; and
- Agree to ensure that Your Users comply with the terms of these Namastay Service Terms.
We may modify the terms of these Namastay Service Terms from time to time by updating the terms on our website and notifying You directly in writing. Continued use of the Software will constitute acceptance of the new Namastay Service Terms. If You do not accept the updated terms of the Namastay Service Terms, You must notify us immediately.
The terms “Service Terms” and “Contract” shall be used interchangeably in this document to refer to the same provisions.
Preamble
Namastay has developed a software for hoteliers which aims at facilitating online booking and payment by end customers of their room and other ancillary services directly on the hotel's website.
The Client, after having familiarised itself with this software and its features, wishes to use it in the context of its activities.
In this context, the Parties have come together to enter into the present Agreement. In this respect, it is hereby specified that the Parties have on several occasions exchanged in full transparency all the information on the basis of which each of them has decided to enter into the said Agreement. The terms of the Agreement have been freely accepted in consideration of their mutual obligations under this Agreement.
ARTICLE 1. Definitions
1.1 For the purposes of this Agreement, the following capitalised terms shall have the following meaning:
Agreement: means this agreement and its appendices.
Anomaly: means any malfunction or non-conformity of the functionalities of the Software compared to the Specifications, which prevents the normal operation of all or part of the Software or which causes an incorrect result or unsuitable processing although the Software is used in accordance with its Documentation and purpose.
Commencement Date: means the date on which the Contract comes into effect, namely the moment when the Client accepts the Namastay Service Terms, whether by registering to receive the Namastay Services online, through a separate contract between You and Us, or by otherwise indicating your acceptance of the Namastay Service Terms, including through a “Free Period”.
Confidential Information: means any non-public element (material, data or information) originating from one of the Parties (the "Communicating Party") and/or concerning the Communicating Party or any third party towards whom the Communicating Party is bound by an obligation of confidentiality, and communicated in any manner whatsoever to the other Party (the "Recipient Party"), including without limitation any document, prototype, technical specification, know-how, procedure, formula, strategy, method, process, source code, object code, design, new functionality etc.
Documentation: means the technical and instruction manuals relating to the Software.
Environment: means all of the Client's computer systems, telecommunications systems, software, computer and telecommunications equipment, websites, databases and hardware.
Evolution: means any new functionality, new module, new version or evolution of the Software.
Initial Term: has the meaning given to it in Article 12 of this Agreement.
Intellectual Property Rights: means all rights, whether registered or unregistered, in (i) any trademark, company name, trade name and any application for registration thereof, (ii) any design or model and any application for registration thereof; (iii) any patent, utility certificate, invention or discovery (whether or not patentable, whether or not implemented) and any application for registration, renewal, improvement and extension thereof; (iv) any copyright including, but not limited to rights in databases (including sui generis rights) and in software, (v) any domain name and any related extension, (vi) any know-how and trade secret, and (vii) any other intellectual property right, in any part of the world, whether registered or not, registrable or not.
Loss: means all claims, causes of action, liabilities, losses, damages, fines, costs, fees and expenses, including legal fees, other professional fees and expenses and court costs.
Online Payment Processor: means the entity which manages and proceeds with the payment of the end customers (such as Adyen or Stripe).
Person: means any natural or legal person.
Renewal Term: has the meaning given to it in Article 12 of this Agreement.
Software: means the online reservation and payment software solution provided by Namastay to the Client, and comprising both the User Interface and which Specifications are provided in Appendix 1.
Specifications: means the functionalities of the Software, a description of which is provided in Appendix 1.
Support and Maintenance Services: means the services provided by Namastay as described in Appendix 2.
Term: means the Initial Term and the Renewal Term(s), taken together.
Territory: means the country or countries in which the Client is operating.
Free period: the Client benefits from a commercial offer comprising X free days, which applies to Y of the Client's properties. Upon the conclusion of this period, the Software must be deployed across the remaining properties of the group without a Free Trial Period for these remaining properties. The definitions of duration and termination of this contract remain unchanged during the commercial offer period.
Pilot phase: The initial Software deployment stage where a limited number of hotels are implemented in order to test and refine the deployment before a full-scale group-wide implementation.
Special Terms of Service: refers to the document that is sent by Namastay to the Client, summarising the applicable specific terms.
User Interface: means the interface of the Software accessible on the Client's website, and allowing the Client's end customer to book and pay online (in particular through mobile payment methods such as Apple Pay or Google Pay) his/her room and other ancillary services (“add-ons”) directly on the Client's website.
Vulnerability: means any error, flaw, vulnerability or software bug that may affect the integrity of a software, i.e. its normal operation, as well as the confidentiality and integrity of the data it contains.
ARTICLE 2. Purpose of the agreement
2.1 The purpose of this Agreement is to define the rights and obligations of the Parties in relation to the provision by Namastay to the Client of the Software and of the Support and Maintenance Services related to that Software.
2.2 In the context of this Agreement, the Client acknowledges that he is acting as a "professional" within the meaning of French law.
ARTICLE 3. contractual documents
3.1 The contractual documents are, in decreasing order of priority, (i) the Agreement and (ii) its appendices.
3.2 These documents constitute the entire agreement between the Parties with respect to its terms and purpose and supersede all prior agreements between the Parties.
3.3 In the event of a contradiction between one or more provisions of any of these different documents, the higher level document shall prevail.
ARTICLE 4. Software Integration
4.1 The integration of the Software in the Environment is carried out by Namastay, with the cooperation of the Client or any third party designated by the Client, within a reasonable period of time after the Commencement Date, as agreed between the Parties.
4.2 The Client undertakes to fully cooperate with Namastay for the integration of the Software, and in particular to provide Namastay with access to all elements and information necessary to Namastay, including access to the Environment, whether directly or through a third party, in order to enable Namastay to integrate the Software into the Environment.
4.3 Namastay will carry out booking tests in the real environment of the Client's website and consequently sums of money will be transferred to the Client as part of these tests. These sums must be returned to Namastay within seven (7) days of the refund request made by our teams.
4.4 Namastay undertakes to inform the Client in writing when the integration of the Software is finalised. As of the receipt of this information, the Client will have a period of fourteen (14) calendar days to notify in writing all incidents and reservations relating to the Software. In the absence of any written notification by the Client, the Client shall be deemed to have definitively accepted the Software as installed by Namastay.
ARTICLE 5. Rights to use the Software
5.1 Namastay grants to the Client, on a non-exclusive basis, the right to use the Software throughout the Term and in the Territory, for the sole purpose of managing the reservations and payments of its end customers and carrying out the corresponding transactions, in accordance with the provisions of the Agreement. To this end, the Client may reproduce and represent the Software, solely for the purposes of accessing, displaying and executing the Software in the Environment, in accordance with the Agreement.
5.2 Without prejudice to the rights granted above, the Client is not authorised hereunder to:
- copy, print, transfer, or transmit all or part of the code of the Software;
- modify the Software and/or merge all or part of the Software into other computer programs, subject to the provisions of this Agreement;
- compile, decompile, disassemble, translate, analyse, reverse engineer or attempt to do so, except as permitted by law;
- make any alteration, correction, arrangement, translation or modification of the Software.
ARTICLE 6. Support and Maintenance
Namastay, or any other Person designated by Namastay, provides the Support and Maintenance Services to the Client in accordance with the terms of Appendix 2 of this Agreement.
ARTICLE 7. Evolutions
7.1 Namastay reserves the right to develop Evolutions of the Software. It shall be free to communicate the existence of such Evolutions to the Client and the Parties may agree on the supply of such Evolutions by Namastay to the Client, in accordance with terms and conditions, in particular financial terms, agreed between the Parties and which shall be formalised in writing, signed by the Parties and incorporated as an addendum into the Agreement.
7.2 Any request for customisable functionality or connectivity with a third-party tool will be subject to a feasibility and cost study in agreement with the Client. Namastay retains the right to refuse such development.
ARTICLE 8. Obligations of the Client
8.1 The Client undertakes to cooperate with Namastay, to provide Namastay with all information and documents necessary for the proper performance of the Agreement and to ensure reasonable access to the Environment.
8.2 The Client undertakes to make the necessary back-ups and copies of all its documents and files on a regular basis and before any intervention by Namastay, particularly in the context of the provision of Support and Maintenance Services.
8.3 In the context of its use of the Software, the Client agrees to cooperate and exchange regularly with Namastay in order to share its feedback, recommendations and suggestions. To this end, the Client shall designate a point of contact who shall be in charge of the relationship with Namastay.
ARTICLE 9. Subcontracting
9.1 The Client acknowledges that Namastay may use subcontractors and third party service providers for the development, management and maintenance of certain components of the Software.
9.2 In particular, Namastay uses payment service providers with whom the Software works (such as Spreedly). It is specified that Namastay shall not be held responsible for the services offered by these service providers, nor in the event of failure or malfunction of the services provided by these subcontractors and third party service providers.
ARTICLE 10. financial terms
10.1 In consideration for the right to use the Software in accordance with Article 5 of this Contract and the provision of Support and Maintenance Services, the Client shall pay Namastay an amount corresponding to the chosen rate indicated in the Special Terms of Service. If the rate is a percentage commission of the Client's monthly gross revenue, this monthly gross revenue shall be calculated based on bookings made through the Software's User Interface and actually paid by the end customers (the “Fees”).
10.2 The Fees for the first X days (as indicated in the Special Terms of Service) of Namastay are offered to the Client free of charge (the “Free Period”).
10.3 Namastay will invoice the Client on a monthly basis, and the Client shall pay within thirty (30) calendar days of receipt of the invoice from Namastay.
10.4 Any sum not paid on the due date shall automatically result in the application of penalties for late payment, calculated on the basis of three (3) times the legal interest rate. These penalties shall be payable at first request of Namastay and shall be calculated on the basis of the invoiced and unpaid amounts.
ARTICLE 11. Intellectual property
11.1 The Client acknowledges and agrees that the Intellectual Property Rights in the Software and in the Documentation are and shall remain the sole and exclusive property of Namastay or its licensors, as applicable. Except as expressly provided for in the Agreement, the Agreement does not grant to the Client any right in its Intellectual Property Rights nor any other rights or licences in relation with the Software or the Documentation.
11.2 Namastay is expressly authorised by the Client to freely use, modify, integrate into the Software and to sub-license, free of charge, for the duration of the legal protection of the corresponding Intellectual Property Rights, for all purposes and throughout the world, all suggestions, requests for improvement, recommendations or other comments provided by the Client.
11.3 The Client undertakes not to directly or indirectly infringe Namastay's Intellectual Property Rights. The Client undertakes to take all necessary measures to ensure the confidentiality and protection of the Software and its Documentation against any unauthorised use.
11.4 If the Client becomes aware of any infringement or unauthorised use of the Software, Documentation or any other Intellectual Property Rights of Namastay, the Client shall notify Namastay immediately and shall cooperate with Namastay, as reasonably required by Namastay, to remedy such infringement or unauthorised use. Action or inaction with respect to such infringement or unauthorised use shall be at the sole discretion of Namastay.
ARTICLE 12. Duration
12.1 The Agreement comes into force on the Commencement Date.
12.2 After the expiration of initial Trial Period, this Agreement is concluded for an initial term of one (1) year (the "Initial Term"), automatically renewed for consecutive terms of four (4) year (each, a "Renewal Term"), subject to possible termination by one of the Parties in accordance with Article 13.
ARTICLE 13. Termination
13.1 The Client may terminate the Agreement at any time by giving thirty (30) calendar days' notice in writing. The termination is effective at the end of this notice period. The Fees due to Namastay shall be calculated on the basis of the Client's turnover (excluding taxes) on bookings made via the Software User Interface and actually paid by the end customers up to the day of the effective termination of the Agreement.
13.2 Either Party may terminate the Agreement, with immediate effect, in the event of a serious breach by the other Party of one of its essential obligations (for example, breach of Articles 10.1 to 10.3 constitute a serious breach of the Client's essential obligations), insofar as the defaulting Party has not remedied this breach within a period of fifteen (15) working days from its written notification by the other Party. In this case, the non-defaulting Party may terminate the Agreement by written notification to the other Party. The termination shall take effect on the date of receipt of such notification.
ARTICLE 14. Effects of termination
14.1 In the event of termination of the Agreement:
- the right to use the Software granted by Namastay under this Agreement shall automatically and immediately terminate and the Client shall immediately cease using the Software and its Documentation;
14.2 In no event shall termination justify the non-payment or return of all or any portion of the fees due to or received by Namastay under this Agreement up to the effective date of termination of the Agreement. Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Agreement that existed on or before the date of termination, shall not be affected or impaired.
14.3 In the event of expiry or termination of the Agreement, on written request of the Client, and except in the event of termination for serious breach by the Client, Namastay may, at its discretion, agree to provide the Client with a reversibility service allowing the Client to take over or have taken over by a third party the services associated with the Software. The Parties undertake to discuss the technical and financial terms of such a service, it being specified that nothing obliges Namastay to accept to provide such a service. The terms of the reversibility assistance shall be formalised in writing, signed by the Parties and incorporated as an addendum to the Agreement.
ARTICLE 15. Liability
15.1 The Client is responsible for the suitability of the Software to its needs and acknowledges having received from Namastay on Commencement Date all the necessary information enabling it to assess the suitability of the Software to its needs. The Software is used under the sole direction, control and responsibility of the Client, who is responsible for:
- using the Software in compliance with applicable laws and regulations;
- setting up, maintaining and securing its network connections and telecommunications links;
- ensuring that any computer program used in conjunction with the Software does not have a defect that could adversely affects the Software;
- ensuring that the Environment in which the Software is integrated is adequate, implementing and maintaining policies, procedures and controls required to protect the Software from accidental or intentional intrusion or modification, using the most recent version of security and anti-virus software and, in general, taking all appropriate measures to protect the Software from any intrusion or attack that may have adverse consequences.
15.2 The Client acknowledges and agrees that the Software is provided by Namastay "as is" and that, except as expressly set out in this Agreement, any warranty, representation, statement or undertaking by Namastay is excluded. In particular, Namastay does not warrant that the Software will be accessible on an uninterrupted basis or will be free from Vulnerabilities, and shall not be liable for any Losses suffered by the Client and relating to:
- the Client's failure to perform any of its obligations under this Agreement or to use the Software in accordance with the Documentation, its purpose or the instructions provided to it;
- an interruption in the operation of the Software or the intrusion of a third party due to an Anomaly, in particular when this results in the loss, destruction, alteration or disclosure of data;
- the results obtained or decisions made as a result of the Client's use of the Software and Documentation, and the conclusions drawn from such use;
- any failure or malfunction of the services provided by third party providers in connection with the use of the Software, and in particular Online Payment Processors;
- any loss of files, data or documents occurring in the course of the Maintenance and Support Services;
- any modification by the Client of the setting of third party software with which the Software interacts and which Namastay has no control over (including in particular SynXis, Spreedly, Opera, Stripe or Adyen), which affects the functioning of the Software.
15.3 In no event shall Namastay be liable to the Client, for any reason whatsoever, for any indirect or unforeseeable damages whatsoever, in particular indirect, incidental or punitive damages (including loss of profit, loss of revenue, loss of opportunity or loss, destruction, alteration or corruption of data or information). The Parties hereby exclude any liability arising from Articles 1245 et seq. of the French Civil Code (liability for defective products), to the extent permitted by law.
15.4 In no event shall Namastay's total liability exceed the sums actually paid by the Client to Namastay during the twelve (12) months preceding the damage, except in cases where the damage is due to gross negligence or wilful misconduct by Namastay.
ARTICLE 16. Confidentiality
16.1 The Recipient Party undertakes not to disclose the Confidential Information to any Person and in any form whatsoever, with the exception of Persons involved in the development of the Software, without the express, prior and written authorisation of the Communicating Party or upon injunction of a court or an administrative or supervisory authority.
16.2 Each Party shall use all reasonable efforts to prevent unauthorised disclosure of Confidential Information.
16.3 Each Party shall immediately inform the other Party if it becomes aware of any unauthorised disclosure of Confidential Information and shall provide reasonable assistance to the other Party in any enforcement proceedings that such other Party may choose to bring against any Person. The Parties shall be bound by this obligation of confidentiality for the duration of the Agreement and for five (5) years following the termination of the Agreement.
ARTICLE 17. Protection of personal data
17.1 Personal data of end customers
17.1.1 In this Article, the terms "personal data", "data subject", "controller", "processor", "personal data breach" as well as "processing" are deemed to have the meaning given to them by the General Data Protection Regulation (EU) 2016/679 ("GDPR").
17.1.2 The Parties acknowledge that the Client is deemed to be the controller and Namastay is deemed to be the processor within the meaning of the GDPR for the processing carried out under this Agreement. Appendix 3 details the purposes of the processing of personal data carried out by Namastay during the term of the Agreement as well as the categories and type of personal data that will be processed, the categories of data subject and the duration of the processing.
17.1.3 Each Party is required to comply with the GDPR and the relevant national laws and regulations applicable to the protection of personal data, in particular French Law No. 78-17 “Informatique et libertés”, as amended (taken together, the "Data Protection Regulation").
17.1.4 Namastay shall, with regard to the processing of personal data carried out on behalf of the Client:
(i) implement and maintain appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, as well as accidental loss, destruction or damage (including a personal data breach);
(ii) carry out the processing of personal data only on the documented instruction of the Client, unless the processing is required by European Union (EU) law or the national laws of an EU Member State to which Namastay is subject. In this case, Namastay shall inform the Client of this legal obligation before carrying out the processing, unless such disclosure is not permitted by law;
(iii) inform the Client, if, in its opinion, an instruction infringes the Data Protection Regulation or other data protection provisions of the European Union or EU Member States. Notwithstanding the foregoing, the Client shall remain responsible for establishing and documenting the lawfulness of a processing instruction and Namastay shall have no obligation to process personal data on behalf of the Client if, in Namastay's reasonable opinion, the processing activity is unlawful;
(iv) ensure that all service providers who may process personal data as processors are bound by agreement imposing on those service providers contractual obligations equivalent to those of this Article in respect of their processing activities;
(v) ensure that all of its employees and external advisors authorised to process personal data are bound by confidentiality obligations in relation to the personal data and only process the personal data on the instructions of Namastay (unless otherwise provided for by EU or EU Member State law in which case the Client shall be notified immediately of the processing);
(vi) provide reasonable assistance to the Client in responding to requests from data subjects under the Data Protection Regulation;
(vii) notify the Client of any personal data breach within a reasonable time after becoming aware of it;
(viii) reasonably assist the Client to ensure compliance with its obligations under the Data Protection Regulation in relation to security, impact assessments and consultation with supervisory authorities and/or other regulators;
(ix) except as otherwise provided in this Agreement, delete or return to the Client, at the Client's option, all personal data at the end of the term of this Agreement and delete existing copies of all personal data, unless the law of the EU or of an EU Member State requires the continued storage of such data.
17.1.5 The Client authorises Namastay to engage subcontractors in the context of the processing of personal data implemented on behalf of the Client.
17.1.6 The Client, as controller, expressly authorises Namastay to re-use for its own purposes the personal data of the end customers to which it has accessed in the context of this Agreement, in particular for the purposes of (i) facilitating future purchases of end customers by pre-filling their identity data during their future uses of the User Interface and (ii) personalising future offers proposed to end customers using the User Interface and suggesting ancillary services adapted to them, on the basis of their previous reservations and preferences. Namastay, in the context of such re-use of end customers’ personal data, becomes controller in relation to these new data processing.
17.2 Client's personal data
17.2.1 In the context of the administrative management of the Agreement and its relationship with the Client, Namastay may process personal data relating to the Client's staff and service providers. This data shall consist essentially of the first and last names as well as the business email address and telephone number of these individuals. Namastay shall only process such data for the purposes of the performance of the Agreement and the proper management of its relationship with the Client, which is in the legitimate interest of Namastay, and in accordance with the Data Protection Regulations. This data shall only be communicated by Namastay to its employees who need to know it in order to carry out their mission. This data shall be kept by Namastay for the duration of the commercial relationship with the Client. The Client undertakes to inform the data subjects of the data processing carried out in relation to them by Namastay, as well as of the rights they have with regard to this data in accordance with the Data Protection Regulations.
17.2.2 Unless the Client provides written notice of objection prior to the expiration of the free period, the Client hereby consents that, upon the conclusion of said period, Namastay shall be entitled to utilise the Client’s data related to bookings solely for the purpose of evaluating the performance of the Software. Namastay commits to adhering to the confidentiality provisions set forth in this Agreement and shall only use such data for the purpose of improving its services, without disclosing any confidential information of the Client to unauthorised third parties.
ARTICLE 18. Communication
18.1 Each Party grants to the other Party, for the duration of the Agreement, a non-transferable and non-exclusive right to use its distinctive signs on any communication medium, in particular its website, social network accounts, presentations and brochures, solely for communication purposes and to refer to the relationship existing between Namastay and the Client and to communicate on the fact that the Client uses Namastay’s services. Each Party shall use the names, brands and logos of the other Party in accordance with their graphic design as may be communicated to it by the other Party, without any possibility of modification or addition, and undertakes not to use them in such a way as to denigrate its services, or to present its services in a misleading, devaluing or unfair manner.
18.2 Each Party undertakes to obtain the prior written consent of the other Party before using the distinctive signs of the other Party in accordance with Article 18.1.
ARTICLE 19. Assignment of the Agreement
19.1 All rights, warranties and obligations contained in this Agreement shall pass to and be binding upon the Parties and each of their successors, assigns, heirs and transferees.
19.2 The Client may not assign, sub-license or otherwise transfer this Agreement and/or the rights and obligations under this Agreement without the prior written consent of Namastay.
19.3 Namastay may assign its status as a Party under the Agreement to any third party of its choice.
ARTICLE 20. Notification
The notifications or communications required under the Agreement shall be made in writing in French and shall be sent by e-mail at support@namastay.io to Namastay, and to the individual who executed the Contract on behalf of the Client.
ARTICLE 21. Force majeure
Neither Party shall be liable for any delay or inability to fulfil its contractual obligations arising from one or more events which are beyond its control (“Force Majeure”). In the event of Force Majeure (within the meaning of Article 1218 of the French Civil Code), the concerned Party shall notify the other Party in writing and use commercially reasonable efforts to resolve or attempt to limit its consequences with a view to resuming its contractual obligations as soon as possible.
ARTICLE 22 Applicable law and disputes
22.1 The Agreement is subject to French law.
22.2 The Parties shall endeavour to resolve amicably any dispute or difference arising from the interpretation or performance of the Agreement.
22.3 Any dispute arising under the terms of the Agreement, including those relating to its interpretation or performance, shall fall within the jurisdiction of the courts of the Paris Court of Appeal.
APPENDIX 1: SOFTWARE SPECIFICATIONS
The Software aims at facilitating bookings by end customers of the Client directly on its website and optimising the direct online booking engine of the Client, in particular by allowing the use by the Client of modern payment methods (such as Apple Pay and Google Pay). Namastay also allows the Client to consult, manage, modify or cancel bookings made via Namastay.
Regarding the payment, Namastay uses Spreedly on the date of signature of the Agreement as payment coordinator.
Spreedly ensures that the processing of banking information is made in line with PCI-DSS regulation with the “safe”/”vaulting” offered by Spreedly or any other third party provider used by Namastay.
The below chart describes the booking and payment process of Namastay’s solution on the date of signature of the Agreement.
APPENDIX 2: SUPPORT AND MAINTENANCE
1. Support and Maintenance provided by Namastay
Namastay will use commercially reasonable efforts to provide the following Support and Maintenance Services:
(i) Support:
The Client benefits from support for the use of the Software on working days in France, from Monday to Friday.
This support is available by telephone at +33 674 37 36 18 or at +44 7470 332125 and by e-mail at support@namastay.io, as well as via the Slack channel dedicated to the Client.
The Client undertakes to formulate the question precisely and, if necessary, to describe the problem faced.
If Namastay is not able to answer to Client’s question or request directly (by phone or by Slack), Namastay shall use commercially reasonable efforts to answer the Client’s question or request as soon as possible.
(ii) Corrective maintenance:
Anomalies shall be reported by the Client to Namastay by telephone at +33 674 37 36 18 or at +44 7470 332125 or by email at support@namastay.io, as well as via the Slack channel dedicated to the Client. The Client undertakes to provide all necessary information requested by Namastay. Namastay acknowledges receipt of the report and communicates its diagnosis to the Client by email within twenty-four (24) hours from the time of receipt of the report (by telephone or email). Namastay shall use commercially reasonable efforts to correct the Anomalies as soon as possible. Namastay may determine that a visit to the Client's premises is necessary to assess or attempt to resolve an Anomaly.
The correction of Anomalies may cause temporary unavailability of the Software. Namastay will use commercially reasonable efforts to inform the Client in advance of any such unavailability.
Namastay makes no commitment, in respect of the corrective maintenance, to add Evolutions to the Software.
2. General
Namastay is not obliged to provide the above-mentioned services in the following cases:
- use of the Software not compliant with the terms of the Agreement;
- a malfunction not attributable to the Software, for example a failure of the communication networks;
- a so-called "fugitive" anomaly, i.e. a non-reproducible anomaly;
- a refusal by the Client to cooperate with Namastay in the resolution of the Anomalies and in particular to answer questions and requests for information;
- any modification of the Software not authorised by Namastay;
- use of the Software in combination with any equipment or software not supplied by Namastay or not designated by Namastay for use with the Software, or any defect in such equipment or software;
- any breach of the Client's obligations under this Agreement, for any reason whatsoever.
APPENDIX 3: PROCESSING OF PERSONAL DATA
Purposes of the processing
Management of bookings and payments by end customers on the Client's website and performance of the corresponding transactions
Categories of personal data processed
Identification data
Personal data processed
Surname, first name, telephone number, email address, postal address
People involved
End customers and guests
Duration of treatment
APPENDIX 4: ACCEPTABLE USE POLICY
This Acceptable Use Policy (“Policy”) outlines acceptable and unacceptable use of Namastay's services, platform, and related technologies (collectively, the “Services”). It is intended to protect our partners (hotels), their guests, and Namastay from misuse, abuse, and unintended consequences.
By accessing or using Namastay Services, you agree to abide by this Policy in addition to our Terms and Conditions and Privacy Policy.
1. Purpose
Namastay provides a seamless booking experience for hotel guests, embedded directly into hotel websites. To preserve the integrity, performance, and trust of our Services, all users — including hotel partners, their staff, vendors, and guests — must use the Services responsibly and lawfully.
2. Scope
This Policy applies to:
- Hotel customers and their authorized users (e.g., staff, agents).
- Guests using Namastay’s booking interface.
- Any third-party providers or systems integrated into the Namastay platform.
3. Acceptable Use
You may use Namastay Services for purposes that are:
- Lawful and authorized under your agreement with Namastay or the hotel.
- Directly related to booking, managing, or facilitating hotel reservations.
- Aligned with the intent and functionality of the Services.
Examples of acceptable use include:
- Integrating Namastay into your hotel website for guest bookings.
- Viewing and managing reservation data through authorized channels.
- Using Namastay’s payment functionality as intended via the hotel’s processor.
4. Prohibited Use
You must not use the Services to:
- Interfere with system performance or availability, including attempting to overload, crawl, or reverse-engineer the platform.
- Access or attempt to access data not intended for you, including unauthorized access to other hotels’ or guests’ information.
- Introduce malware or exploit vulnerabilities, including uploading or transmitting viruses, ransomware, or malicious code.
- Circumvent security controls or authentication mechanisms.
- Use Namastay in any fraudulent or deceptive manner, including falsifying bookings or manipulating availability and rates.
- Violate any applicable laws or regulations, including privacy, consumer protection, and payment processing laws.
- Misuse payment functionality, including attempting to intercept, modify, or reroute transactions outside of the hotel's authorized payment processor.
Namastay reserves the right to determine, in its sole discretion, whether use of the Services violates this Policy.
5. Security and Data Protection
Users must:
- Keep credentials and access tokens confidential.
- Follow best practices for securing systems integrated with Namastay.
- Promptly report any suspected breach, unauthorized access, or system misuse to Namastay support.
Namastay takes data privacy seriously. Our practices are governed by our Privacy Policy.
6. Monitoring and Enforcement
Namastay reserves the right to:
- Monitor usage for compliance with this Policy.
- Investigate suspected violations.
- Suspend or terminate access to Services without notice in response to violations.
- Cooperate with law enforcement or other third parties as legally required.
7. Changes to This Policy
Namastay may update this Policy from time to time. Material changes will be communicated via email or within the Services. Continued use of the Services after such updates constitutes acceptance.
8. Contact
Questions or concerns about this Policy can be directed to:
support@namastay.io