Terms and Conditions of Service and License Agreement

Last Updated: March 30, 2021

Subject of the Agreement

ChauffeurBookingSoftware.com (“ChauffeurBookingSoftware,” “we,” or “us”) is an online booking and dispatch platform which, along with mobile apps (the “Software”) allows you (your organisation) to manage your clients, drivers, contacts, handle bookings and dispatch it. The Software is offered via our websites (https://ChauffeurBookingSoftware.com/, https://Account.ChauffeurBookingSoftware/, and all other platforms including other websites that we own or control (collectively called the “ChauffeurBookingSoftware Site,” and together with the Software the “Service”). ChauffeurBookingSoftware is a Romanian limited liability company whose legal name is EZY Consulting SRL d/b/a ChauffeurBookingSoftware. ChauffeurBookingSoftware includes: employees, independent contractors, and representatives (“our Team”). According to this Agreement, as a customer of the Service or a representative of any company which is a customer of the Service, you are referred to as a “Member” (or “you”, “your”, “client”, etc.).

Unless expressly stated otherwise, these Terms also apply to the use of add-ons offered as part of your ChauffeurBookingSoftware account (“Add-ons”). However in the case of some of our Add-ons, additional terms of restrictions may apply (“Additional Terms”) concerning particular use cases. The Additional Terms for Add-ons can be found here. When members choose to add an Add-on, they agree to the applicable, corresponding Additional Terms for this Add-on.

Any use of the Website, Services, content and information offered by ChauffeurBookingSoftware.com is subject to the acceptance of this Agreement and the Privacy Policy.

If you do not agree to any of the given Terms, you are obligated to immediately stop using the Service. Your obligation is to send an email to our support ([email protected]) to terminate your account. Otherwise monthly subscription can be charged directly to your credit card.

Account

1. Opening Your Account

Creating an account and agreeing to the Terms results in the beginning of an Agreement between you and ChauffeurBookingSoftware that starts immediately after. The Agreement lasts for as long as you have a ChauffeurBookingSoftware account or until the Agreement is terminated by you or us, for reasons specified in the Terms and in accordance with them. Creating an account on behalf of any entity will mean you possess the relevant rights and authority to accept the Terms and start an Agreement on its behalf.

2. Closing Your Account

The Agreement can be terminated at any time, for any reason, either by you or ChauffeurBookingSoftware. You can terminate the agreement by giving notice to ChauffeurBookingSoftware at [email protected]. ChauffeurBookingSoftware can suspend the Service to you at any time without providing a reason for doing so. If we terminate it without a reason, and it is a paid service, you are due a refund of the allotted part of your monthly payment. In all other instances, refunds do not apply.

All accounts suspended for over 9 months will be terminated without giving prior notice. You accept that after that period is over, we will permanently delete the account and all data connected to it. You are responsible for exporting your data before an account is deleted.

3. Account and Password

It is your responsibility to keep the account login details (email and password) private. You are responsible for any activity that occurs on your account (excluding ChauffeurBookingSoftware’s activity commissioned by you ) also when the password was not disclosed willingly. You must notify ChauffeurBookingSoftware immediately if any unsanctioned activity occurs on your account. ChauffeurBookingSoftware is not responsible for any losses you might have suffered because of your password being hacked and your account hijacked. Our company, for security reasons, cannot know your current password. We can only instruct you on how to reset your password. By creating an account, you confirm that all provided information is authentic and will remain so for the duration of your usage of EasyTaxiOffice’s Services. You need to ensure that your contact information is accurate and up to date at all times.

4. Changes

We can alter any of the Terms by publishing a revised version of the Terms on the ChauffeurBookingSoftware website. New Terms are effective immediately upon posting unless you terminate your account. They apply to all existing and new accounts. ChauffeurBookingSoftware is allowed to alter the Service, its features and Add-ons at all times. EasyTaxiOffice may also cease to provide the Service, all of its features and Add-ons at any time.

Payments

5. Paid monthly plan

While choosing a paid monthly plan, you will need to select a package (Starter, Business, etc.) in line with the expected use of this Service and projected amount of drivers (read more about it in Section 6, below) (your “Monthly Plan”). You can find the available packages on our website.

All Monthly Plans differ in their pricing. ChauffeurBookingSoftware will not automatically downgrade or upgrade the Monthly Plan you have selected. So leave some space for the growth of your company! Exceeding the driver limit of your chosen Monthly Plan will incur additional charges (added to the next billing cycle of your Monthly Plan and visible in detail on your invoice). By incurring additional charges, you are automatically obliged to pay them on the next upcoming Pay Date (see below for details). The option to change your Monthly Plan, either upgrade or downgrade, is always there. However, choosing to do so during a billing cycle means the switch will not take effect until the end of the current billing cycle for which you will be charged at the same price as before (all additional charges for the current tier that you may incur during the cycle will still apply).

By signing to a Monthly Plan, users agree to pay recurring monthly fees - starting on the day that access to your account is granted. The first billing needs to be paid in advance. All payments are due every month on the same day or on a date close to the day you started your Plan. If no payment is made for pending invoices, ChauffeurBookingSoftware is allowed to charge your card automatically.

6. Debit and Credit Cards

All Members who choose ChauffeurBookingSoftware Monthly Plan, must present us with their debit or credit card information and authorize us to subtract the amounts of money agreed upon. All the information provided must be valid and current. When a card expires the Member is obliged to update the information about the new card. In case of automatic replacements, the Member recognizes and accepts that our company is permitted to subtract fees from the new card. The Member using the card guarantees to have full authorization to manage it, accept the right to bill that card and affirm that no payments shall be rejected. If a transaction cannot be finalised because of a problem with the card, the account will be suspended until all operations are processed and payments completed. In the event of an account being suspended, Members will not be able to fully use the software and apps. The account can be activated again only if all outstanding payments are made up to date. Unlocking the account is only possible during the working hours of the ChauffeurBookingSoftware team.

7. Billing Changes

The ChauffeurBookingSoftware pricing might change at any time. If that occurs, the new prices will be posted to our website and/or sent to you by e-mail.

Rights

8. Feedback and Proprietary Rights

ChauffeurBookingSoftware owns all proprietary rights in the Service. This includes, but is not limited to: copyrights, trade secrets, trademarks, patents, service marks and other intellectual property rights. Members must respect our proprietary rights in the Service. Brand assets can be used only according to the Brand Guidelines.

All rights, titles and interests in and to the data, content and information as well as your personal information and personal information of others submitted to ChauffeurBookingSoftware or which ChauffeurBookingSoftware gains access to or retrieves with your permission or at your directory during your usage of the Service (collectively defined as your “Content”), will be retained by Members.

Contingent to these Terms, to the limits necessary to provide the Service to you and/or as otherwise stated by these Terms, you grant ChauffeurBookingSoftware the permission to disclose and use your Content (this also includes any personal information there). You guarantee and warrant that: (i) you are the owner or have obtained the necessary permissions, rights and releases to the Content you submit to the Service and have the legal power to grant ChauffeurBookingSoftware the rights granted in these Terms and (ii) the Content you added , its submission and later use that you authorize in these Terms will not violate (1) any laws applicable (2) any third-party rights concerning privacy, publicity, intellectual property or other rights, or (3) any of your or third-party terms or policies governing your Content.

Should a Member provide us with suggestions, comments, trouble-shooting hints or other forms of feedback (“Feedback”), both on his own merit or after being asked to provide Feedback, then a Members automatically grants ChauffeurBookingSoftware a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback however we see fit. Members state that they understand that Feedback is provided to us entirely voluntarily and no compensation will be given for their Feedback, and that ChauffeurBookingSoftware is allowed to utilize any Feedback provided by you to improve the Service or add features.

Liability

9. Disclaimers

The ChauffeurBookingSoftware and our Team is not liable for any consequence for the actions of third parties or services used in connection to our Service (“Third Party Integration”). This includes agencies, websites we link to, other members and third party apps. The way you use Third Party Integration and your rights are only between you and the applicable third party in question. We do not guarantee and are not responsible for the integrity, data security and privacy of Third Party Integration nor any of their policies. We assume no liability of any kind and give no warranty for your usage of any Third-Party Integration.

10. Limitation of Liability

You recognize and accept that, to the largest extent allowed by law: (i) you take on sole responsibility for any and all losses that might be a result of you using the Services, this includes any downloads from the ChauffeurBookingSoftware Site; (ii) in no circumstances we will culpable for punitive, special, consequential or indirect damages, even when they are a result of negligence or came after we had been advised about the risk of such damages prior; and (iii) our total liability in any calendar month which could arise because of or in connection with the Agreement (contract, tort including negligence, breach of statutory duty or otherwise) will be no bigger that the amount you have paid for our Service the previous month.

Shall you use the Service in a way that violates these Terms, we and our Team will not be liable for any damages or losses you suffer - regardless of whether your account will be suspended or terminated because of these violations.

11. No Warranties

To the largest extent allowed by law, we provide the Service as-is. This means that - excluding when expressly stated otherwise in these Terms - we do not supply any warranties, conditions, or undertakings in relation to the Service, expressed or implied. This includes, but is not limited to, implied warranty: warranties of merchantability and fitness for a particular purpose which are, to the largest extent allowed by law, excluded from the Agreement.

Because of the multitude of reasons our Members use the Service, we are not able to guarantee that it will fulfil your specific expectations and needs.

12. Indemnity

You pledge to not bring any harm to ChauffeurBookingSoftware or bring upon the risk of any losses by our company including legal fees and expenses that might result (either directly or indirectly) from (i) the Content you add to the Service, (ii) the way you us the Service, (iii) your violation of any laws or regulations, (iv) claims from third-parties about something that - if proven - would violate any of these Terms has been done by you or someone else using your password, (v) any misrepresentations authored by you, or (vi) a transgression of any representations or warranties you’ve made to ChauffeurBookingSoftware.

13. Equitable Relief

ChauffeurBookingSoftware may seek injunctive relief or other equitable relief for the violation of these Terms. This means we can obtain a court order against you to defend ourselves against irreparable harm to us or our Team that such violations of these Terms may cause.

14. Subpoena Fees

Should we receive a subpoena, court order or other legal, governmental or regulatory inquiry regarding your account and asking us to provide information, then you might be charged with our costs which may include: lawyer costs and the time our employees will need to spend on collecting the required data, preparing documents or taking part in trials.

Other Important Stuff

15. Assignments

Under this Agreement, Members are not allowed to assign any of their rights to anyone else. ChauffeurBookingSoftware can however assign its rights at our discretion to any entity or individual.

16. Force Majeure

ChauffeurBookingSoftware will not be held liable for any problems or delays in any area of the Service’s performance which may be caused by reasons beyond our control. Such reasons include, but are not limited to, pandemics, acts of god, new laws and reforms, wars, acts of terror, fires, floods, earthquakes, volcanic action, other unusually severe weather conditions, nuclear incidents, strikes, embargoes, the actions of hackers or third-party internet providers.

17. Survivability

These sections of our Terms will continue to apple even after the Agreement is terminated: Feedback and Proprietary Rights, Limitation of Liability, No Warranties, Indemnity, Severability, and Entire Agreement.

18. Severability

Should it transpire that a section of these Terms cannot be enforced, that section may be removed or edited to the smallest extent possible required to make it enforceable. In either case, the remaining parts of the Agreement are then still valid.

19. Waiver

Should ChauffeurBookingSoftware not react and take action immediately on a violation of these Terms, we may still decide to act on the violation at some future point and we do not give up any rights under the Terms.

20. No Changes in Terms at Request of Member

We cannot change these Terms at the request of a single Member or a group of Members because of the much bigger overall number of Members who such changes would affect.

21. Notices

A notice will be considered effective as soon as it is posted on our ChauffeurBookingSoftware Site or when it has been sent to the Member’s last email or physical address given to ChauffeurBookingSoftware. A notice sent to us will be considered effective only when delivered to us at email: [email protected] (or any addresses as we may later post on the ChauffeurBookingSoftware Site).