Reslogik is the trading name for the Booking Engine Solution which is the sole property of Navega Bem – Web Design Lda. All references to Reslogik in these Terms & Conditions are fully approved by and also pertain to Navega Bem – Web Design Lda. Any entity making use of the Reslogik booking engine solution will hereinafter be referred to as the “Licensee”. Please read the following carefully before placing an order with Reslogik. An ‘order’ is deemed to be a written or verbal contract between Reslogik and the Client (this includes telephone and email agreements), where the Client must be 18 years of age or above. Placing of an order constitutes acceptance on the part of the client to be bound by the Terms & Conditions on this page. Confirmation (including verbal confirmation) of a received order shall be deemed a contractual agreement between Reslogik and the Licensee, whereupon these Terms & Conditions will apply and shall constitute the entire agreement between Reslogik and the Licensee. Reslogik reserves the right to amend these Terms and Conditions when necessary and without prior notification. All prices quoted in any proposal are valid for 30 days from the date of proposal.

General

Failure by Reslogik to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time. Reslogik (Navega Bem – Web Design Lda) shall, under no circumstances, be liable for any damages resulting from loss of profits or any interruption of business arising out of or in connection with these Terms & Conditions. If at any time during the term of the agreement a Licensee fails to meet acceptable standards of creditworthiness, Reslogik reserves the right to invoice the Licensee in advance the full amount of any further work. Reslogik (Navega Bem – Web Design Lda www.navegabem.com) is based in Madeira, Portugal, and is therefore governed by Portuguese law. This is still applicable for anybody in any other country, who can view the website or agrees to use the services provided and has contact with Reslogik by any other means of communication such as email, fax or post, without necessarily having viewed the website. Reslogik may be substituted for proxy in the form of contracted writer, photographer, web developer, art director, creative director, consultant, graphic designer, presenter, programmer, research assistant, administrator or assistant.

Terms of Payment

In addition to any payment terms set out below, and excepting services where special terms apply, Reslogik’s payment terms are on receipt of invoice, unless otherwise stated and agreed in writing. Reslogik does not extend credit and reserves the right to request payment of a deposit (up to 100%) on all new accounts. Invoices are sent by digitally and a copy may be sent by post. Reslogik accepts payment in cash, by electronic transfer and by cheque. Please note Navega Bem – Web Design Lda DOES NOT accept direct payment by credit card – but does accept payment via PayPal and credit card through the PayPal system, and where a client wishes to pay by cheque, no work will commence until funds have cleared. Accounts that remain unpaid seven (7) days after date of invoice shall be deemed to be in arrears.

Overdue Payment

Reslogik reserves the right to charge Late Payment Interest, on all overdue invoices. This will be calculated at the daily rate of the Bank of Portugal + 8%. Any payment returned by the bank due to insufficient funds will incur a €50 administration charge. This will be added to the total outstanding amount owed by the Licensee. Reslogik reserves the right to request full payment in advance from any Licensee requiring further services, where that Licensee has previously defaulted on payment. Reslogik reserves the right to pass out of hand to his debt recovery agents any outstanding invoices for recovery. In these circumstances the Licensee will also be required to pay statutory compensation, and shall be liable for and shall indemnify Reslogik against all costs and expenses incurred in respect of any steps, actions or proceedings made or brought against the Client by Reslogik to obtain payment of outstanding charges and interest. Reslogik reserves the right to suspend the services provided of any Licensee whose account is in arrears.

Site Security

Reslogik shall provide a username and password to access the Reslogik booking engine solution.Users who access the Reslogik booking engine solution service may only do so with User account(s) provided to them by Reslogik. Users are fully responsible for maintaining the confidentiality of their user account information. The Licensee agrees to accept responsibility for all activities and changes to data that occur under their user account(s) or password(s). Reslogik cannot be held accountable for changes made either by the users or the associated Channels.

Web Site Design and Development

Website development will be carried out on behalf of Reslogik by Navega Bem – Web Design Lda. Following receipt of a confirmed order, the Licensee will be invoiced 50% of the total web site design fee. Payment of the initial 50% fee falls due immediately and is required prior to any work being undertaken. Where applicable, the remaining 50% will be invoiced when either: the website is completed and prior to launch to “live status”, or at 90 days from the date the order was confirmed if the site is not completed as a result of the content not being supplied by the client. Payment of the final 50% (where applicable) is required in full prior to the site “going live”. Web sites will be constructed in accordance with the Licensee’s instructions as specified on the order. Any additions or alterations to the brief made by the Licensee once an order has been accepted by Navega Bem – Web Design Lda will be carried out at the discretion of Navega Bem – Web Design Lda, and where such additions and alterations are agreed, Navega Bem – Web Design Lda reserves the right to charge an according amount for these and for any correction to these or further additions. The Licensee agrees to make available as soon as is reasonably possible to Navega Bem – Web Design Lda all materials required to complete the site to the agreed standard. Where a date has been given for completion of the site, Navega Bem – Web Design Lda accepts no responsibility for failure to meet the stated deadline where the Licensee is at fault due to: failure to supply the required materials, unavailability, or requiring changes or alterations to the brief. Any client who fails to provide us with the required information within four weeks of project commencement shall be deemed to be in breach of agreement, whereupon Navega Bem – Web Design Lda reserves the right to close the project and the balance remaining will become payable immediately. In simple terms, please don’t ask us to start a project unless you are completely ready to proceed. Once a web site has been commissioned, any final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the Licensee decides they no longer want the site, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once the Licensee’s web site has been placed live on the Internet, the Licensee has seven days to make any changes through Navega Bem – Web Design Lda, to the website. After this period, the client is deemed to have accepted that the web site is satisfactory. Should a client later commission further work to be carried out on, or for inclusion on, the web site, then the client will be invoiced in full for this work whether the Licensee uses the commissioned work on the site or not. Prices do not include any hardware or software that may be required, unless specified on the order, and do not include any visits requested by the client to configure any hardware or software on the client’s equipment. Prices do not include the cost of any merchant accounts required by the Licensee for on-line credit card transactions. A design commission does not include maintenance of or updates to the Licensee’s site. Navega Bem – Web Design Lda cannot accept responsibility for any alterations caused by a third party occurring to the Licensee’s site once handed to the Licensee. Such alterations include, but are not limited to additions, modifications, deletions or installation of third-party components.

Website Intellectual Property & Copyright

Intellectual property rights – any intellectual property rights generated for a Navega Bem – Web Design Lda client, including, but not limited to trademarks, drawings, diagrams, design, artwork, photographs, digital photographs, Standard HTML, ASP code, PHP code, Perl code, database coding and JavaScript, work manipulated on behalf of a Navega Bem – Web Design Lda client, work commissioned by a Navega Bem – Web Design Lda client, passwords, access codes, & flash code specific to the Navega Bem – Web Design Lda clients’ website, will remain the property of Navega Bem – Web Design Lda. The Navega Bem proprietary booking engine solution “Reslogik” is installed on websites as is and may not be modified, sold, cloned or used in any way other than originally supplied or modified by Navega Bem. The component remains at all times the Intellectual Property of Reslogik and may be furnished in an encrypted form. All website content is to be provided by the Licensee, unless otherwise specified by the Licensee at the time of order where intellectual property rights will apply, and no responsibility is taken by Navega Bem – Web Design Lda for any images or text displayed on the website, that subsequently has existing copyright associated with it, that may cause grievance with the original owner. The Licensee shall represent and warrant that the material supplied is not confidential to or owned by any other person whose written permission has not been granted for use thereof. The Licensee shall indemnify and save Navega Bem – Web Design Lda harmless from any costs, expenses and damages relating to any claim against him whatsoever and howsoever arising from the exercise of intellectual property/copyright rights under this agreement.

Copyright & Licence Agreements

Under the 1998 Copyright, Designs and Patents Act, ownership of copyright remains the property of Navega Bem – Web Design Lda as author.

Web – General Terms & Conditions

Reslogik cannot be held responsible for any virus that may be passed on to any computer from the web server, or by email. Reslogik cannot guarantee web server security, and cannot be held responsible for any loss, or misuse by third parties, of any data that is captured and/or stored on the web-server, even using SSL encryption.

Cancellation and Termination

Reslogik reserves the right to terminate the Licensee’s access to the Reslogik software at any time for any reason whatsoever with 30 days notice. Reslogik shall not be liable to the Licensee or any third party for any modification, suspension or discontinuation of the service. If the Licensee breaches any of these Terms and Conditions Reslogik reserves the right to terminate the Licensee’s access to the Reslogik booking engine solution immediately on becoming aware of such a breach.

Warranty disclaimer

Nothing these Terms and Conditions shall be deemed to make any representation or warranty whatsoever, express or implied, regarding the contents of the Reslogik Booking solution software. Reslogik does not warrant that:

  1. The supplied service will meet the Licensee’s specification requirements.
  2. The supplied service will be uninterrupted, timely, secure, or error free.
  3. The results that may be obtained from the use of the supplied service will be accurate or reliable.
  4. The quality of any products, services, information or other material purchased or obtained by the Licensee through the Reslogik service will meet the Licensee’s expectation.
  5. Any errors in the provided service will be corrected.

The Licensee understands that Reslogik does not warrant the booking engine solution in any way, including and not limited to the performance or features of the supplied booking engine solution. All warranties regarding the supplied booking engine solution, including, without limitation, all warranties of fitness for a particular purpose, merchantability, non infringement, or any other warranty, whether express or implied, are hereby disclaimed by Reslogik. The Reslogik booking engine solution is provided ‘as is’ for developing the licensees hospitality industry and for that particular use only. The licensee further agrees that Reslogik shall not be held liable for any damages, including but not limited to direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use, incurred by the licensee or any third party, whether in an action in contract or even if Reslogik has been advised of the possibility of such damages. In no event shall Reslogik’s liability for damages exceed the amount received by Reslogik as a result of a transaction between the Licensee and Reslogik. This warranty disclaimer shall survive the termination of this right to use license.

Severability

If any provision of these terms and conditions are held to be illegal, invalid or unenforceable, such illegality, invalidity or non-enforceability will affect only to such provision and will not in any manner affect will render illegal invalid or unenforceable any other provision of these terms and conditions, and Reslogik and the licensee shall negotiate in good faith to replace the illegal, invalid or unenforceable provision by a new provision which most closely reflects the original intention without being illegal, invalid or unenforceable.

In the event of a dispute the consumer may have recourse to an entity of Alternative Dispute Resolution of consumption. More information on consumer Portal http://www.consumidor.pt
Law No144/2015