TERMS OF SERVICE AGREEMENT
TERMS OF SERVICE
Ciirus software services are provided on a month to month basis. The subscription has a commitment for the first 90 days. After the first 90 days or the first three subscription payments the user may cancel and terminate the service by giving thirty (30) days written notice to . If the account is terminated prior to the first three monthly payments, a cancellation fee equal to the remaining balance of the first three monthly payments will be charged. Any subscription payments that may fall within the 30 day cancellation period are still due to be paid. Any gateway fees for reservations due after the termination date will be batched and invoiced upon termination. A percentage of the value, equal to the system’s average cancellation rate at that point in time will be subtracted from the invoice.
DESCRIPTION OF SERVICE
Ciirus, Inc. is providing User with Property Management computer software, data services and website services and associated software. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relating with such connection.
DISCLAIMER OF WARRANTIES
The website and associated software is provided by Ciirus, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Ciirus, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website and associated software in terms of its correctness, accuracy, reliability, or otherwise. Ciirus, Inc. shall have no liability for any interruptions in the use of this website and associated software, Ciirus, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
LIMITATION OF LIABILITY
CIIRUS, INC. SHALL NOT be liable for any damages whatsoever, and in particular Ciirus, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website and associated software or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ciirus, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Ciirus, Inc. its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
All Users of the Service shall receive a CiiRUS account and password. Users are entirely responsible for any and all activities which occur under their account, whether authorized or not authorized. User agrees to notify CiiRUS, Inc. of any unauthorized use of User's account or any other breach of security known or should be known to the User. User's right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of CiiRUS, Inc. Payment for the users account will be automatically taken on or around the 28th of each month from the credit card or bank account on file. The charges will be for the number of active properties on the user account on the 28th day of the month. Any additional charges for services, gateway fees, commissions, services orders, or training charges. Any invoice discrepancies must be reported to Customer Service () within 30 days of invoice date. Any requests received after the 30-day period, will be denied. Unpaid charges may result in interrupted services. Chargebacks or reversal of charges will result in Immediate suspension of the account. All outstanding charges, chargeback costs and/or bank charges must be paid in full before the account is reactivated. Custom software development and website development must be paid within 30 days or upon completion (whichever comes first) of agreement from commencement date, via verbal or written agreement. Payment will be charged to the card on file. Part or complete data that originates from a third party shall not be transmitted, output to an external party (including, but not limited to software systems and internet data transmission) or processed in any way by a third party. This includes but not limited to data received from travel partners, listing channels, OTA's or any suppliers connected to the CiiRUS, Inc. network. CiiRUS, Inc. has agreements in place that prohibits the distribution or re-distribution of data. Screen scraping and iCal or any form of data copying, transfer, export, replication including but not limited to calendar, rates, images and descriptions is prohibited (contact CiiRUS, Inc. for options). Externally hosted services are not supported. Users consent to provide CiiRUS channel partners with data relating to bookings generated only by the respective partner. This includes but is not limited to reservation data, financials, and guest contact information. All bookings made in the CiiRUS channel manager are subject to a 1% gateway fee. This fee is calculated based on the total booking value and will be invoiced. Using the CiiRUS Channel Manager to book homes that are managed by the master registered property manager, or otherwise, is also charged at 1% of the total booking value. Booking homes that reside on the CiiRUS network that are not managed by the master registered property manager requires written permission from CiiRUS and the registered property manager.
SECURE SOCKETS LAYER (SSL)
Secure Sockets Layer (SSL) is the current IT industry standard security technology for establishing an encrypted link between a web server and a browser. This link intends that all data passed between the web server and browsers or other servers remain private and integral. This security protocol is not perfect and has had numerous attacks/vulnerabilities documented. This technology and its use is an attempt at protecting data transmission and it is not a guarantee of security.All parties shall defend, indemnify and hold harmless CiiRUS, Inc. and its directors, officers, employees, agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act, omission, or use of the Secure Sockets Layer.
A User hereby grants Ciirus, Inc. a royalty-free, non-exclusive, perpetual, irrevocable, worldwide, transferable (only to a successor by way of merger, reorganization or sale of all or substantially all assets or equity), sub-licensable license to use, copy, modify, or distribute, including by incorporating into the Hosted Service, any suggestions, enhancement requests, recommendations or other feedback provided by the User as related to any Ciirus, Inc. product or service, or with respect to Ciirus, Inc. and it’s related websites and associated software services.
MODIFICATIONS AND INTERRUPTION TO SERVICE
Ciirus, Inc. reserves the right to modify or terminate the Service and onboarding plans with or without notice to the User at any time. Ciirus, Inc. shall not be liable to User or any third party should Ciirus, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Ciirus, Inc. does not guarantee continuous, uninterrupted or secure access to our websites and operation of our websites and associated software may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Ciirus, Inc. may at it's discretion allow home owners continued data access to their accounts, in situations such as management companies that have ceased trading, illegal trading, gone out of business, bankruptcy or any other situation that Ciirus, Inc. determines may cause legal issues of any kind.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Ciirus, Inc. makes every effort to ensure that the information on this website and associated software is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website and associated software, Ciirus, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
GOVERNING JURISDICTION OF THE COURTS FLORIDA
COMPLIANCE WITH LAWS
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this website and associated software or any client website, including website design, text, graphics, data, availability data and calendars, interfaces, and the selection and arrangements thereof is copyright (c) 2009 - 2016 Ciirus.com, with all rights reserved, or is the property of Ciirus, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the websites and associated software, including reproduction for purposes other than those noted above, modification, distribution, or replication, screen scraping any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ciirus, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Ciirus, Inc. All other trademarks displayed on Ciirus, Inc's. websites and associated software are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Ciirus, Inc.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Ciirus, Inc. (Ciirus.com) designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Email: firstname.lastname@example.org
END USER LICENSE AGREEMENT
Please read the following terms and conditions before using this software. The use of Ciirus Property Manager indicates that you accept the terms of this license agreement and warranty. This software can be used by a single user only. It is prohibited to distribute this software, without the written permission or consent of Ciirus, Inc. This Software is licensed, not sold. You may not de compile, or disassemble this Software or any additional downloadable software in any way or form. If you did not receive this software directly from www.ciirus.com you may not proceed with installation. In such event, please contact us at www.ciirus.com By installing this product, you agree to be bound by the following terms: This license is governed by the laws of the United States. Disclaimer of Warranty This Software is provided "AS IS." NO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE GIVEN. Good data practice dictates, before installing new software all disks and data should be backed up. ANY LIABILITY OF THE SELLER OR RESELLER WILL BE LIMITED EXCLUSIVELY TO SOFTWARE REPLACEMENT. You are licensed to use the free edition of this software without charge. You are licensed to use the Premium or MC edition of this software for the duration of your license period only if all payments to Ciirus, Inc. for the usage of this software are paid in full. Unpaid charges will result in the termination of service.
DISTRIBUTION - It is prohibited to distribute this software, without written permission of Ciirus, Inc. This Software is licensed, not sold. You may not decompile, or disassemble this Software in any way or form.
COPYRIGHT - Ciirus, Inc. maintains title and intellectual property rights to all executables, text and multimedia resources contained in this software. Its component parts may not be separated for use in a way not intended by us. Further, you may not reverse engineer or decompile the application.
INSTALLATION - This software may be installed on multiple computers.
SYSTEM - All our software is subject to thorough testing prior to distribution. However, our software is optimized to the latest graphics technologies and we cannot guarantee that all system configurations will run our software correctly. We do not accept liability for any damages incurred as the result of our software.
TERMINATION - In breach of these conditions, Ciirus, Inc. will revoke your software usage rights. In such event, you must remove all installations from your computers.
IIRUS, INC WEBSITE PRIVACY STATEMEN
1. Acknowledgment and acceptance of terms - Ciirus, Inc. is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our websites and associated software. By accessing Ciirus, Inc./www.ciirus.com, you acknowledge and fully understand Ciirus, Inc's. Privacy Statement and freely consent to the information collection and use practices described in this Web site Privacy Statement.
2. Participating Merchant Policies Related services and offerings with links from this web site, including vendor websites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Ciirus, Inc. services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those websites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It - Ciirus, Inc. collects certain information from and about its users in three ways: directly from our Web Server logs, the user, and with Cookies.
A. Web Server Logs. When you visit our Web site, we may track information to administer the site and analyze its usage. Examples of information we may track include: Your Internet protocol address. The kind of browser or computer you use. Number of links you click within the site. State or country from which you accessed the site. Date and time of your visit. Name of your Internet service provider. Web page you linked to our site from. Pages you viewed on the site.
C. Personal Information Users Visitors to our web site can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including: to fulfill your service requests for services. To protect ourselves from liability, to respond to legal process or comply with law, or In connection with a merger, acquisition, or liquidation of the company.
4. Use of Web Beacons or GIF files Ciirus, Inc/www.ciirus.com Web pages may contain electronic images known as Web beacons sometimes also called single-pixel gifs that allow Ciirus, Inc. to count users who have visited those pages and to deliver co-branded services. Ciirus, Inc. may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the website. Ciirus, Inc. prohibits Web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information - We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting our support attendant - http://support.ciirus.com
6. Changes to this Statement - Ciirus, Inc. has the discretion to occasionally update this privacy statement. When we do, we will also revise the "updated" date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
7. Contacting Us - If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us http://support.ciirus.com Ciirus, Inc. will use commercially reasonable efforts to promptly respond and resolve any problem or question.