accommodationNovember 19, 2008
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Service Description/AgreementPrint

1. Introduction and Agreement

1.1. AccommodationWebsites.com is a fee-based or/and free service, owned and operated by Ekvion SIA ("Ekvion"), which provides inclusion of the Applicant's website on AccommodationWebsites.com.
1.2. The Ekvion advertising service (also referred to herein as the "Service") is provided to you, the Applicant ("Applicant") pursuant to the terms and conditions set forth on this agreement (the "Agreement").

2. Website Inclusion Criteria

The website submitted for inclusion on AccommodationWebsites.com through the Service must meet the following minimum criteria
2.1. Ekvion will accept from Applicant just one URL for each accommodation which is the original domain name of Applicant's accommodation.
2.2. The website must contain original content. The content must include your address, phone, fax, email, photos and prices. It is desirable but not obligatory to inform guests of other necessary information.
2.3. The website shall not, through Ekvion's determination, consist of: pornography or adult-only sites; gratuitous or graphic violence; material that infringes or violates someone's rights; material that promotes/disseminates illegal activities or contains gratuitous hate speech; and links with pornographic advertising.
2.4. The website must contain sufficient pages and recognizable content.
2.5. The majority of the website must not be under construction, all links on the website must be operable, and the pages must load at an acceptable speed.
2.6. The website must be up-running seven days a week and 24 hours a day.
2.7. The website cannot be a mirror site or redirect to another site.
2.8. Ekvion has the right to refuse the inclusion of the website if:
2.8.1. Some of the website contents do not conform to the above-mentioned criteria. 2.8.2. Ekvion has any other subjective motives.

3. Application Process

3.1. Applicant's website is reviewed and approved by Ekvion.
3.2. If Applicant's website is acceptable for inclusion on AccommodationWebsites.com, the Applicant will receive a confirmation e-mail with invoice and payment details enclosed.
3.3. If Applicant's website is not acceptable for inclusion on AccommodationWebsites.com, Ekvion informs the Applicant about the reason(s) by e-mail.

4. Service Fee and Payment

4.1. Standard Advertising Service fee is USD 300 for 3 years.
4.2. Ekvion reserves the right to alter the price of the Service at any time.
4.3. Payment is acceptable with credit card and wire transfer. Applicant receives the confirmation e-mail with invoice and payment details enclosed. 
4.4. All bank charges must be paid by Applicant.
4.5. If the payment is not received within 4 weeks Applicant is informed and details are excluded from AccommodationWebsites.com.

5. The Agreement Period, Prolongation, Cancellation

5.1. Agreement is valid for 3 years with the possibility of extending it as set forth in point 5.2. of this Agreement.
5.2. The Agreement is automatically prolonged if Ekvion has received a payment for the service for the next 3 years.
5.3. Ekvion informs the Applicant about the ending of the Agreement period by e-mail at least one month before.
5.4. Applicant may cancel the Agreement, with or without cause at any time. Any request for cancellation of the Service must be received via Contact Form showing the same email address used for application earlier. Cancellation by phone or fax will not be accepted. Applicant's details will be excluded from AccommodationWebsites.com during 10 business days. If the cancellation is made after the money back guarantee period any fees paid or prepaid to Ekvion set forth in point 7.2. of this Agreement are non refundable.

6. Applicant’s Responsibility. Prohibited Uses

6.1. Applicant is responsible for the content of Applicant's website, including URL links.
6.2. It is prohibited to change the content of the website with content services which mismatch to website inclusion criteria set forth in point 2. of this Agreement.

7. Ekvion Responsibilities. Money Back Guarantee

7.1. Ekvion is not responsible for anything regarding Applicant's website.
7.2. 100% satisfaction of Applicant is Ekvion's goal. If Applicant is unhappy with Ekvion Service for any reason, Applicant should contact Ekvion immediately. Ekvion will do everything to make things right. Money back guarantee service is valid 2 months after the date which is on the registration confirmation e-mail issued from Ekvion. The amount which Applicant can get back is equal to the advertising fee received from Applicant. Any bank charges arising from that transaction will be deducted from the amount paid to the Applicant.

8. Guarantee

Ekvion makes no guarantee regarding the levels of impressions or clicks for any website on AccommodationWebsites.com, but will make the maximum effort to increase those levels.

9. Disclaimer and Liability

9.1.Applicant expressly agrees that use of the Service is at Applicant's sole risk. The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
9.2. Ekvion makes no warranty, express or implied that the Service will meet Applicant's requirements or that the Service will be uninterrupted, timely, secure, or error free. Ekvion makes no any warranty as to the results that may be obtained from the use of the Service. Ekvion makes no any warranty as to the accuracy or reliability of any information obtained through the Service. Ekvion makes no any warranty that defects in the software will be corrected.
9.3. Neither shall Ekvion be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any kind that in any way result from any aspect of the Service, including without limitation, Applicant's use for inability to use the service or acceptance, rejection or removal of Applicant's suggested site, even if Ekvion is aware of the risk such damages.
9.4. In no event shall Ekvion's liability to Applicant exceed the amount actually paid by applicant to Ekvion under this Agreement.

10. Force Majeure. Viruses

10.1. Neither party will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences or causes beyond its reasonable control.
10.2. Whilst all reasonable attempts are made to exclude viruses from the Service, it is not possible to ensure such exclusion and the Applicant is therefore recommended to take appropriate steps to cover this risk.

11. Disputes

Any disputes related to this Agreement or any aspect of the Service shall be resolved by the parties' by mutual agreement, if it will not be possible, the venue for any action, suit or proceeding shall be the courts of Latvia.

12. Miscellaneous

12.1. Parties' Communications
Communication is accepted via e-mail, fax or post. Parties assume no responsibility for the deletion or failure to store e-mail messages, communications, or other content maintained or transmitted through the Service. 

12.2. Data Usage
12.2.1. Applicant acknowledges and agrees that Ekvion may use the information about Applicant on its servers and any registration information submitted by Applicant in aggregate form for research and product development, marketing or other promotional purposes including 'Accommodation of the Week' section on AccommodationWebsites.com.

12.2.2. Applicant hereby agrees that Ekvion has the right (but not the obligation) to disclose any such information if Ekvion believes such disclosure is needed to comply with the law or legal process or to protect the rights and interests of Ekvion or others, including enforcing this Agreement.

12.2.3. All added information about Applicant and Accommodation details must be reviewed after such changes arise as soon as possible.

12.3. Severability
Applicant agrees that no action related to this Agreement or the Service or Applicant's listing in the AccommodationWebsites.com may be brought more than one month after delivery of the Service giving rise to such cause of action.

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Last update: August 21, 2008