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Terms and conditions
IMPORTANT NOTICE: Please read carefully the conditions set forth in these General Terms and Conditions. If you agree that you have read and understood the contents of this clause, you will be bound by the agreements set out below.
The website 'WWW.BCH MULTISERVICES.COM' is edited by:
The website www.bchmultiservices.com is hosted within the European Union by: BanaHosting.com, with ID45-3654766, and tax headquarters at: 2220 OLD BRICK RD APT 2221, GLEN ALLEN VA23060, VIRGINIA.
BCH MULTISERVICES reserves the right to supplement, modify and change these General Terms and Conditions at any time without prior notice to the Subscriber and/or the User.
Consequently, all users are advised to consult the General Terms and Conditions on a regular basis to take note of any updates.");?>
In these General Terms and Conditions, words beginning with a capital letter shall be defined as follows:
"BCH MULTISERVICES" refers to a company producing the software which is available at the URL address /en .
"Login Data" means the username and password of each Subscriber or Team Member that allows access to the Subscriber's page.
"User Account" refers to the space allocated to the Subscriber after having registered for the Software.
"Subscriber Content" means all content added by Subscriber to your User Website.
"Guest User" means all persons authorized by Subscriber to access all or part of Subscriber's site with their own username and password.
"Team Member" means any person authorized by Subscriber to access all or part of Subscriber's site with his or her own username and password.
“Subscriber's Page” refers to the personal space to which the Subscriber has access after having registered at /en.
"DEMO" refers to the seven (7) day period during which the User, subject to the creation of a Subscriber Account, can access all Services free of charge.
"Plan" refers to a set of Services to which each User may subscribe in the Software.
"System" refers to the websites and mobile sites available at the IP address /en
"Complementary Services" refers to the installation and training services to which each Subscriber may subscribe when choosing the Services to which he/she subscribes.
"Service(s) BCH MULTISERVICES " ) refers to all services offered through the software.
"Subscriber's website" means the website created by the Subscriber from within the software.
"Subscriber" means each user who has access to one of the BCH MULTISERVICES Services, whether subscribed or not.
"Subscription" means the contractual relationship between the Subscriber and BCH MULTISERVICES once the Subscriber has subscribed to a Plan governed by these General Terms and Conditions.
"General Terms and Conditions" refers to this agreement.
"User" refers equally to each person using the Software, each Subscriber and each Team Member.
The purpose of the software is to enable all professionals in the vacation services area (boats, cars, tourist accommodations and transfers) to have an efficient management program to carry out the main tasks of their companies.
BCH MULTISERVICES offers owners, and more specifically vacation ownership professionals, a set of tools to administer, leverage and manage their services.
BCH MULTISERVICES offers two (2) different Plans that provide access to all or part of the Services.
The two (2) plans offered by BCH MULTISERVICES are:
>The different Services are available as DEMO for seven (7) days for each User. At the end of this seven (7) day period, the Subscriber may subscribe to one of the above mentioned Plans. Otherwise, the Subscriber will no longer be able to access the Services.
>The activation of the 'BCH Subscription' service automatically ends the DEMO. To access this Service, the Subscriber must subscribe to a Plan. The Subscriber may subscribe to additional services at any time.
To subscribe to the Services and/or to obtain the DEMO, the User must create a Subscriber Account, providing his/her personal and fiscal data.
By examining and using the software and/or the included Services, you agree to have read and accepted these General Terms and Conditions.
To access some features of the Software and to subscribe to the Services, the User must create a Subscriber Account.
The Services offered are only for persons of legal age in the area of subscription and use of the Services.
The services offered are for vacation service professionals only.
To create a Subscriber Account and therefore have access to the Services, the Subscriber must register in the system.
During registration, the subscriber will choose login details that will allow him/her to access his/her subscriber page from which he/she can create and edit his/her website.
The Subscriber is obliged to keep his or her login data confidential and not to pass them on to third parties.
For its part, BCH MULTISERVICES is obliged to take the necessary measures to prevent any disclosure of the Subscriber's login data.
If a third party gains access to the Subscriber's Page thanks to the Login details, they will be able to make all the changes that the Subscriber can make, i.e. subscribe to new Services, modify the Subscriber's Page and also the Subscriber's Website.
Subscriber assumes full responsibility for actions taken on its Subscriber Page and Subscriber Website through its Subscriber Account, whether changes are accepted or not.
BCH MULTISERVICES considers the owner of the e-mail address provided during registration to be the owner of the Subscriber Account.
The Subscriber is obliged to provide true, complete and updated information. Assuming that the data provided by the Subscriber is false, incomplete or outdated, BCH MULTISERVICES reserves the right to suspend or terminate the User Account, without damage or notice.
If the Services for which you are required to pay have been subscribed to through a Subscriber Account, BCH MULTISERVICES will consider the Subscriber Account holder as the person whose billing information was provided in order to subscribe to these Services for which you are required to pay (billing information).
The Subscriber may subscribe to different Plans as shown in Part 2 above.
The Subscriber may subscribe at any time to a different Plan than the one to which he/she originally subscribed. Access to and use of the new Plan occurs immediately. The invoice amount for that month will then be calculated on a prorated basis.
Once the Subscriber has subscribed to one of the Plans, he/she will have access to the corresponding Services and upgrades.
BCH MULTISERVICES does not guarantee the commercial profitability of the subscriber's website or a minimum number of visits. BCH MULTISERVICES will not be held responsible in this respect.
The Subscriber may choose Supplemental Services when selecting a Plan.
This option will result in additional costs, as indicated below in Parts 6.1 and 6.2.
After subscription to Complementary Services, BCH MULTISERVICES will contact the Subscriber by email to establish the date of execution of these Complementary Services.
BCH MULTISERVICES will provide support and assistance services via e-mail to support@bchmultiservices.com
Assistance and support services are available from Monday to Friday from 9:00 am to 5:00 pm (Ibiza local time).
The User may subscribe to a Subscription without time commitment as long as the monthly payment billing option has been chosen.
In this case, the Subscription is concluded for a period of one month from the date of subscription and is tacitly renewed from month to month. If he/she wishes to simply change the Plan, the Subscriber may do so at any time during the Subscription through his/her Subscriber Page.
To do so, the Subscriber may unsubscribe by contacting Support at least ten (10) days prior to the renewal date of his Subscription and in accordance with the cancellation conditions detailed in Part 12 below.
In the event that the Subscriber wishes BCH MULTISERVICES to create its website(s) and/or receive training from BCH MULTISERVICES, the minimum subscription period shall be 12 (twelve) months.
Subscriber may subscribe to a Subscription with a time commitment of twelve (12) months from the date of subscription, which tacitly renews from year to year (12 months).
Upon completion of the first year of commitment (12 months), the Subscriber may cancel by contacting BCH MULTISERVICES support at least three (3) months prior to the renewal date of his Subscription and in accordance with the cancellation conditions detailed in Part 12 below.
The prices of the Services offered by BCH MULTISERVICES are available in the software at the following URL address: https://BCH MULTISERVICES.com/en/prices/
The prices shown in the software exclude VAT, the Services offered by BCH MULTISERVICES are intended for professionals.
The Subscriber will have to pay the subscription fee corresponding to the Plan he/she would have chosen.
The Subscriber must select, as he/she subscribes to the Plan, the Subscription payment term option to which he/she wishes to be subject: monthly or annual payment.
Payment for Complementary Services is made at the time of subscription to such Complementary Services.
Payment can be made, at the Subscriber's choice, by direct debit or by credit card or bank transfer.
If payment is rejected, BCH MULTISERVICES will be notified again within three (3) days, then five (5) days after the first notice and then a final attempt will be made fifteen (15) days after the first notice.
Should this last collection attempt fail again, BCH MULTISERVICES reserves the right to suspend the User Account without delay until the amount due is paid. Data charged through the User Account will be retained for one (1) year. All fees, fines and other penalties that have been applied and are applicable by the entities holding the credit cards transferred to BCH MULTISERVICES and the Processor shall be at the Subscriber's expense and shall be paid by the Subscriber.
When a Subscriber Account is cancelled for non-payment, this may result in a loss of the data uploaded to the account. The subscriber is solely responsible for saving all items uploaded to their subscriber page.
The Subscriber is obliged to use the software in accordance with these General Terms and Conditions and, more broadly, with all applicable legal provisions. The Subscriber warrants that each Team Member will comply with these General Terms and Conditions.
Subscriber warrants that each invited User will comply with these General Terms and Conditions.
It is specified that BCH MULTISERVICES cannot be considered in any way as the publisher of the Subscriber's website. Therefore, the Subscriber remains solely responsible for the Subscriber Content it provides on its website.
Therefore, the Subscriber is obliged to comply with existing legislation and regulations, which includes taking care not to make available, disclose or give access to information, data, documents, services or other illicit Parties, being contrary to legal and / or regulatory provisions. or that may violate the rights of others or breach the peace.
The Subscriber is prohibited from offering and/or selling any service and/or product that is contrary to applicable laws.
The Subscriber is also obliged not to disclose, publish, enter, upload in the software and / or on the Subscriber's website information or documents unlawful and, in particular, against public order, containing parts or contents of a pornographic, defamatory or abusive nature according to the law. Or which invalidate someone's privacy, interfere with the protection of personal data, constitute an infringement of the property rights of a third party, including intellectual property rights, act of piracy, incite racial violence or hatred, incite to commit a misdemeanor, a felony, a crime or an act of terrorism or which glorify war crimes or crimes against humanity, or which incite suicide, or infringe the rights of third parties.
Furthermore, the Subscriber acknowledges that all computer programs, texts, sounds, videos, images, interfaces, screens and other elements of the software belong to BCH MULTISERVICES or to third parties. Any form of unauthorized commercial exploitation, whether directly or indirectly, including on telematic networks or by analog and digital means, will result in appropriate legal action being taken by BCH MULTISERVICES or by the holders of the exclusive rights assigned to our company.
All signs, symbols, logos, trademarks, whether mixed, figurative or nominal, appearing on this web site or during the term of the contract for the provision of services constitute exclusive rights of BCH MULTISERVICES or third parties whose rights are assigned to BCH MULTISERVICES in accordance with the applicable Spanish legislation or by virtue of International Conventions for the protection of industrial and/or intellectual property rights.
In general, the Subscriber guarantees BCH MULTISERVICES against any dispute, appeal or action by a third party in this respect
.Subject to payment of the amount as stipulated in Part 6, BCH MULTISERVICES is obliged to use its best efforts to ensure the continuity of the Services.
In this regard, BCH MULTISERVICES is obliged to:
BCH MULTISERVICES is obliged to provide Subscribers with support and assistance services in accordance with the conditions set out in Part 4.3 above.
The Subscriber acknowledges that BCH MULTISERVICES is the sole owner of all intellectual property rights pertaining to the software.
The Subscriber waives, therefore, to extract, represent, reproduce or cause a more general damage to all or part of the software.
BCH MULTISERVICES shall not claim ownership of any content posted on the Subscriber Website, including the Subscriber Content.
Subscriber warrants that it is the owner of the intellectual property rights related to the Subscriber Content or the necessary authorizations for its use.
With regard to this point it is recalled that in accordance with Part 7.2 above that the Subscriber is solely responsible for the Subscriber Content and that BCH MULTISERVICES cannot be held liable in this respect.
Therefore, the Subscriber is solely responsible for the Subscriber Content and guarantees, to that extent, the solutions of BCH MULTISERVICES against any third party disputes.
In case of breach of the terms of this Part and of the Subscriber's Part 7.2, BCH MULTISERVICES may proceed with the removal of the disputed content, the closure of the Subscriber's website and the termination of these General Terms and Conditions under the conditions described below in Part 12.
As part of these general Terms and Conditions, BCH MULTISERVICES may collect the following data:
The Subscriber or the User must provide some data to obtain access to some functions of the software, as they are necessary for BCH MULTISERVICES to grant access to the Subscriber.
BCH MULTISERVICES does not process any personal data that can be qualified as 'sensitive' (information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and information related to health or sex life) in accordance with the Rules concerning personal information.
BCH MULTISERVICES is obliged not to transfer personal data to third parties, except in the cases listed below in Part 10.5.
Subject to the User's consent, BCH MULTISERVICES uses cookies and other similar technologies to facilitate the User's navigation in the software by adapting it to the User's computer or search engine.
Cookies allow different types of data to be collected:
The personal data listed in Parts 10.1 and 10.2 may be processed for the following purposes:
The processing of personal user data may have different legal bases depending on the case.
When a user subscribes to a Plan from the software, BCH MULTISERVICES collects and processes his personal data to execute the subscription.
BCH MULTISERVICES also relies on other legal grounds such as the legitimate interests of the User.
BCH MULTISERVICES takes particular care to respect the value given in the consent in the Rules concerning personal data.
As part of the use of the software, BCH MULTISERVICES may share some personal data with some third parties which are listed below:
BCH MULTISERVICES requires that third party recipients of Users' personal data undertake to comply with the Rules relating to personal data.
The aforementioned third parties may only use the personal data transferred in accordance with the instructions provided by BCH MULTISERVICES and not for their own use.
BCH MULTISERVICES will keep the personal data for the duration of the Subscription and after one (1) year.
In accordance with the Rules concerning personal data, each User has the right to access, rectify, modify and delete any information about himself/herself.
The right of access allows each User to receive a copy of the personal data that BCH MULTISERVICES stores about the User.
The right of rectification gives each User the opportunity to request BCH MULTISERVICES to correct false information about him/her.
The right of deletion gives each User the opportunity to request BCH MULTISERVICES to delete his or her personal data.
The processing of personal data carried out from the software complies with the Rules concerning personal data.
Therefore, regardless of the purpose or the legal basis according to which we process your data, you may at any time and free of charge, send us an email to obtain a summary of your rights at the following email address: info@bchmultiservices.com.
However, please note that we may not always be able to respond positively to your request for legal reasons of which we will inform you, in this case, after receiving your request.
BCH MULTISERVICES has adequate security measures in place to prevent any loss, unauthorized use or access, any modification or disclosure of personal data.
All personal data collected and processed by BCH MULTISERVICES is stored on secure servers.
BCH MULTISERVICES advises all Users to log in only on secure networks and to avoid logging in from public Wi-Fi networks.
For its part, the Subscriber is obliged to comply with the Rules concerning personal data for any collection or processing of such data that it would carry out through the Subscriber's website.
In addition, you are also required to enter a privacy policy on your subscriber's website.
The Subscriber warrants to BCH MULTISERVICES against any dispute, appeal or action in this respect.
In addition, Subscriber agrees to indemnify and hold harmless BCH MULTISERVICES and BCH MULTISERVICES' affiliated companies from any legal action or claim, loss, damage or liability (including reasonable attorneys' fees and costs of performance of the indemnification obligation above) arising out of or resulting from any act of Subscriber. This indemnification obligation shall survive termination of this service agreement, and BCH MULTISERVICES and all of its subsidiaries, partners, affiliates, directors, officers, shareholders, attorneys, employees, representatives and agents shall be released.
BCH MULTISERVICES shall not be considered a publisher of the Subscriber Content.
Since BCH MULTISERVICES has no control over the subscriber's content or the subscriber's website, it cannot be held liable in this respect.
Even in the event of a breach, a mistake or insufficient diligence on the part of BCH MULTISERVICES, and whatever the reason for which its liability is sought, BCH MULTISERVICES shall be liable to the Subscriber as a party to these General Terms and Conditions only for direct damages, excluding indirect damages, such as loss of an opportunity, loss or damage to the reputation of the company, loss of profits or expected savings, loss of customers, loss of turnover, whether or not these damages are foreseeable in principle or extent.
In any event, or on any other legal basis, the maximum total liability of BCH MULTISERVICES per calendar year is limited to the total fees payable by Subscriber to BCH MULTISERVICES for the contracted services (excluding billed transfer fees, such as interchange and enrollment fees imposed by the entities holding the credit card payment gateways) under this Agreement during the preceding full calendar year.
BCH MULTISERVICES could only be held liable if the Subscriber proves that there has been an error originating from BCH MULTISERVICES in the performance of its obligations, it being understood that all parties acknowledge that the error of BCH MULTISERVICES can only be connected to the infrastructural part which it manages and over which it has control.
BCH MULTISERVICES may not be held liable for having removed or suspended access to an item of Subscriber Content after having received notice from a User or third party as soon as it became aware of its obviously unlawful nature.
BCH MULTISERVICES offers Services on an 'as is' and 'as available' basis, and therefore does not have to ensure that the Services match the Subscriber's needs.
BCH MULTISERVICES does not guarantee that the Subscriber's software and websites will function flawlessly, but will use its best efforts to ensure the continuity of the Services.
BCH MULTISERVICES does not guarantee the absence of errors or defects in the use of the software. In case of receiving a notification of error or defect, BCH MULTISERVICES is obliged, as far as possible, to rectify it within a reasonable period of time.
Furthermore, BCH MULTISERVICES reserves the right, on a voluntary basis, to make the software unavailable in order to carry out any update, improvement or maintenance operation.
In the event that BCH MULTISERVICES becomes liable as a party to these General Terms and Conditions, the Subscriber's right to compensation shall be limited, for all causes, to the price paid by the Subscriber for the Services during the twelve (12) months prior to the event giving rise to liability.
Each Subscriber may cancel his Subscription at any time by sending an email from the email corresponding to his login details or directly from his Subscriber Account from the 'Billing details' page at least 10 days in advance for monthly subscriptions and 30 days in advance for annual subscriptions.
If sufficient notice is not given, we will be obliged to charge a monthly fee in advance.
Any breach of these General Terms and Conditions may result in the unilateral termination of the Subscription by BCH MULTISERVICES in terms of the immediate suspension of the Subscriber's Account and Services to which such Subscriber subscribed.
If the subscriber decides to unsubscribe for a period not exceeding 6 months and then re-subscribe, he/she will be charged an amount of ONE HUNDRED AND FORTY FIVE EUROS PLUS VAT (145 EUR + VAT) and if he/she exceeds 6 months, he/she will be charged the fee corresponding to those 6 months of subscription to reactivate the system and have all the information, the subscriber will keep his/her data as long as the new subscription is not made after one year from the date of unsubscription.
As soon as the Subscription is cancelled, BCH MULTISERVICES will revoke the access granted to the Subscriber to his Subscriber Account and will be obliged to return it at the rate applicable at the time of the notice of reversibility, and where / his first request is made in the form of registered letter with an acknowledgement of receipt within three (3) months after the end of the Subscription, all his data in the form of CSV backup files and compressed files documents in their native formats. At the end of this three (3) month period, no documents or data may be transferred to Subscriber.
BCH MULTISERVICES is obliged to keep a copy of the returned data for backup purposes only and not to use it for any other reason.
The subscriber will actively work together with BCH MULTISERVICES to recover his data in an easy way.
In order to be included in the Members module within the platform, a series of requirements must be met:
If the above conditions are not met, the Customer will be penalized as follows:
These General Terms and Conditions are governed by Spanish law.
In the event of a dispute relating to the validity, interpretation or performance of these General Terms and Conditions, and after an unsuccessful attempt to reach an amicable agreement to which the parties are bound, the parties assign legal jurisdiction to the appropriate Balearic Islands courts.
In the event of translation conflicts between the different versions of the General Terms and Conditions of BCH MULTISERVICES, the English version shall be deemed to be the appropriate one.
Nothing in these Terms and Conditions, express or implied, is intended to confer or shall be deemed to confer upon any person or entity not a party to this Agreement, any right or remedy under this Agreement.
The parties agree that these General Terms and Conditions do not and shall not establish any kind of partnership, joint venture or organization of any kind, nor do they provide for any employment or agency agreement which may involve or result in any indemnification, payment or compensation by virtue of the clientele acquired under this agreement, nor shall they give rise to any claim of unjust enrichment by any of the contracting parties.
The inability, silence or delay of either party to exercise or enforce any of the conditions of these General Terms and Conditions, or the claims and/or legal actions arising therefrom, shall not hereinafter constitute or be construed as a waiver of its right to exercise any and all such conditions, claims and/or legal actions.