BY REGISTERING THROUGH OUR SITES “HostSync.io,” YOU ARE ENTERING INTO A CONTRACT FOR THE USE OF OUR SOFTWARE-AS-A-SERVICE, CALLED “HostSync,” TO WHICH THE FOLLOWING TERMS AND CONDITIONS APPLY.
1.1 The subject of this contract is the provision of the HostSync software application (hereinafter referred to as “HostSync”) for exclusive use through Internet access. The client may use HostSync for a limited time for their own purposes, namely to process their own data and store it in the system area provided for this purpose.
1.2 The client does not acquire any additional rights, especially over HostSync, other associated software applications, or the operating software. The client’s Internet access is not part of the contract’s subject. The client is solely responsible for the proper functioning of their computer systems and Internet access, including transmission means.
1.3 The service provided under the name HostSync is intended exclusively for commercial clients. Use of the service by consumers, particularly for private purposes, is not permitted.
2.1 The contracting parties are HostSync (hereinafter “HostSync” or “we”), headquartered at Rua da Liberdade N 17, 8900-463 Monte Gordo, represented by CEO Iuri Rosa, and the client (hereinafter “client” or “you”).
2.2 HostSync will provide the client with the necessary access data for using the software, for identification and authentication purposes. Any user who authenticates on the “HostSync” site using their access data will be considered authorized to receive from or issue contractual statements to HostSync on behalf of the client.
3.1 HostSync is a reservation system for accommodation establishments. With
3.2 HostSync guarantees an average annual availability of the services provided under this agreement of 99%. In this context, availability is understood as the contractually agreed possibility of using the services, excluding scheduled maintenance periods. If the average annual availability is not achieved, HostSync will refund the client the proportional usage fee for the period during which the service was not accessible. No additional refund will be provided, particularly for additional contracted services.
3.3 The contractual services to be provided by HostSync, particularly the functionalities of the software provided, are those listed in the service description available on the “www.HostSync.io” website at the time of contract conclusion. HostSync reserves the right to modify and adapt the content of its services, including the software provided, particularly in the context of technological evolution. HostSync commits to informing the client at least one month in advance of any change that implies a significant limitation of system functionalities, provided that such limitation is imposed by HostSync itself. In such cases, the client will have the right to extraordinary termination of the contract, with a notice period of two weeks relative to the date of the change.
3.4 The client is not authorized to use HostSync beyond the use permitted under this contract. In particular, the client is not allowed to reproduce HostSync or parts thereof without authorization, temporarily transfer its use, particularly by renting or lending, or use the software for competitive analysis or benchmarking.
3.5 In case of abusive use of the system, suspicion of illegal activities, or use that causes server overload, HostSync reserves the right to immediately exclude the responsible party from using the service and/or terminate the contract for good cause after prior warning.
4.1 The client commits to timely monitoring all reservation operations processed through HostSync and to immediately inform HostSync of any malfunctions or anomalies in operation.
4.2 The client is responsible for carefully storing access data, such as usernames and passwords, to prevent access by unauthorized third parties. Additionally, the client must use secure passwords and implement up-to-date protection measures against viruses, as well as against spam, phishing, and other unauthorized accesses to the client account.
4.3 In the event of reporting, identifying, or limiting disruptions or failures in the system, the client must follow the instructions provided by HostSync. If applicable, the client should use the communication format defined by HostSync. Communications about failures or doubts should be as clear and precise as possible, and the client may, if necessary, resort to competent collaborators for this purpose.
5.1 The periodic fees for using HostSync are paid monthly, on the last day of each month. The amount payable will be debited from the user’s account on the first day of the following month. The amount due is calculated based on the monthly rate of the accommodation units registered in HostSync, plus activated extras and active channels/links. Whenever our price list presents monthly rates, these will be calculated proportionally to actual usage, with daily billing for each cost item. The monthly amount is divided by the number of days in the respective month. On the first day of each month, all daily fees from the previous month are summed and debited from the user’s account.
5.2 The prices indicated by us are presented without VAT, to which the applicable legal VAT rate is added, whenever due.
5.3 Occasional fees, such as SMS reservation notifications or online payment transactions, as well as associated expenses, are immediately due and debited from the client’s account on the same day.
5.4 All accumulated costs, as well as the current balance of the client’s account, can be viewed on the HostSync control panel. User accounts must always maintain a positive balance. If the account shows a negative balance, HostSync will block all functionalities until the balance is regularized.
5.5 If the client requests a refund of a positive balance from their account, a fee of €25.00 will be charged for each refund transaction, plus any bank costs or other transaction expenses that HostSync may incur with third parties. This fee does not apply if HostSync has terminated the contract under clause 7.4, or if the client has terminated the contract under clause 7.5, or if there was a legally justified reason for the client’s termination.
Each client can use HostSync for free, once, for a period of fourteen days before the start of paid use. To test one-time services, such as SMS reservation confirmations, during this period, the user account will be credited with an initial amount, which is not refundable in cash. When this credit is exhausted, one-time services will no longer be available, even if the free trial period is still in effect. The free period ends automatically after 14 days, without the need for additional notification.
7.1 The contract begins with the client’s registration through the “hostsync.io” sites.
7.2 The contract is concluded for a fixed period. The first contractual period has a minimum duration of two weeks (test phase) and ends on the first day of the following calendar month, without the need for termination. If the client has made a deposit in their account and it shows a positive balance on the last day of the contractual period, the contract will be automatically renewed for another month.
7.3 The client may terminate the contract at any time, with effect at the end of the month, without prior notice. The client’s termination must be made exclusively through the option available on the Control Panel.
7.4 HostSync may oppose the renewal of the contract with three months’ notice, thus terminating the contract on the date indicated in the notice.
7.5 The right of both parties to terminate the contract for good cause remains unchanged. Good cause is considered, in particular, a serious breach of contractual obligations by one of the parties or the insolvency or inability to pay of the other party, or the opening of insolvency proceedings over their assets.
7.5.1 For the client, good cause may be a significant breach of the agreed availability of the application; such a situation is presumed only when availability continuously falls more than 10% below the contractually stipulated value.
7.5.2 HostSync may terminate this contract with immediate effect if the contents on the client’s site or the data transmitted by the client for processing include:
(i) pornography or sexually explicit images,
(ii) misleading, offensive, violent, racist, discriminatory, or hate-inciting content,
(iii) content that infringes third-party intellectual property rights,
(iv) defamatory statements about organizations or individuals, public or private.
The same applies to content aimed at facilitating transactions prohibited by law, including, but not limited to, devices, programs, robots, frames, hidden frames, JavaScript, pop-up windows, and redirects.
8.1 The client must immediately report to HostSync any defects in the software provided, as well as in the documentation or other materials made available. HostSync commits to correcting reported defects promptly. The same applies to any failures that hinder the use of the software.
8.2 The client cannot autonomously deduct amounts from the agreed value based on a price reduction for defects. Other legal rights remain unaffected.
8.3 HostSync will be liable, without limitations, for damages caused to the client in the context of service use, whenever such damages result from intent or gross negligence.
8.4 In the case of simple negligence, HostSync will only be liable — except in cases of injury to life, physical integrity, or health — when there is a breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to typical and foreseeable damages in the contract context, with a maximum corresponding to 12 times the average monthly amount paid by the client up to the time of damage or that would have been paid if the service use had proceeded normally.
8.5 Liability for indirect and unforeseeable damages, production or usage losses, lost profits, unachieved savings, and property damage resulting from third-party claims is excluded in cases of simple negligence — except in situations of injury to life, physical integrity, or health.
8.6 Any additional liability is excluded, regardless of the legal nature of the claim. The above-mentioned liability limitations do not apply in cases of mandatory legal liability, such as under the Product Liability Act, or in cases of expressly assumed guarantees that do not depend on fault.
8.7 Liability for data loss is limited to the typical recovery effort that would have been necessary if regular and risk-appropriate backups had been made.
8.8 Whenever liability is excluded or limited under points 8.2 and 8.3, such limitation also applies to the personal liability of HostSync‘s employees, representatives, corporate bodies, and auxiliaries.
9.1 HostSync ensures the security of data transmitted by the client concerning data protection legislation and complies with all applicable legal provisions in this matter.
9.2 Whenever HostSync processes the client’s personal data, the PRIVACY POLICY of HostSync will apply, which is an integral part of this contract.
9.3 Whenever HostSync, in the context of providing the platform, processes personal data on behalf of the client, the DATA PROCESSING AGREEMENT will apply, also attached and part of this contract.
9.4 If the contract between HostSync and the client ends after the free trial period without any payment from the client, HostSync will delete the data transmitted for data processing purposes one month after the contract ends (see Clause 7.2). In all other cases of contract termination, the data will be deleted three months after its termination. The client will not be notified in advance of the deletion.
HostSync reserves the right to change or supplement the terms of this contract whenever legislative, administrative, or technical changes result in a significant disruption of the contractual balance or create contractual gaps, or when the introduction of new functionalities in HostSync justifies it, provided that such changes are reasonable for the client.
HostSync will communicate any changes to the contractual terms at least three weeks in advance, via email sent to the registered electronic address in the system, indicating the content of the changes.
The client will be considered to have accepted the changes if they do not object in writing within three weeks after receiving the notification. HostSync will highlight this possibility in the change communication itself.
If the client objects to the changes, the contract will continue in effect under the previous terms. However, HostSync reserves the right to terminate the contract with effect on the earliest permitted date.
Regardless, changes to the contractual terms become part of the contract if the client continues to use the services after the changes take effect, particularly by contracting new services, accessing the website, or expressly accepting the changes.
If the client uses their own General Terms and Conditions, the contract will be concluded even without explicit agreement on their application. Whenever there are matching provisions between both versions, these will be considered agreed upon. In case of a conflict between specific clauses, the supplementary legal norms will apply. The same applies if the client’s General Terms and Conditions contain provisions not foreseen in this contract.
If any provision of this contract is deemed invalid or unenforceable, or becomes so, this shall not affect the validity of the remaining provisions. The parties commit to replacing any invalid or unenforceable provision with a valid one that reflects, as closely as possible, the economic and legal objective of the replaced provision. The same principle applies to any gaps in the contract.
The legislation of the Portuguese Republic applies exclusively. The competent jurisdiction is Vila Real De Santo Antonio.
