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SERVICE AGREEMENT relating to the use of Booksure™ agreed between : Magus Ventures (Pty) Ltd trading as Booksure™ and (“the Operator”) 

DEFINITIONS
Booksure™: Incorporates all software packages, modules and services developed and designed by Magus Ventures (Pty) Ltd. 
Operator: An individual or entity making use of Booksure™. 
Magus Ventures (Pty) Ltd: Including the directors and employees (Hereinafter referred to as “Us”, “Our”, “We”). 
Site: www.booksure.com 
Terms: Terms of Use as indicated in this document. 
Client: A person or persons making a reservation via the Site. 
User: A person or persons making use of the Site.
Enquiry: An enquiry made by a client via the Operator’s own website or via the Site. 
Quotation: An online quotation submitted by the Operator specifying the price to be charged for the requested accommodation. 
Reservation: An accepted quotation becomes a reservation after the pre-determined deposit amount has been paid by the Client. 
Affiliate: An entity with a relationship with Magus Ventures (Pty) Ltd. 

By using this Site or any Service offered by this Site, you agree to comply with, and be legally bound by the following terms and conditions.  This includes the use of a Service via the Operator’s own website or an affiliate website.  If you do not agree to these Terms, please do not continue to use this Site.  It is the Operator’s responsibility to regularly review these terms.   Magus Ventures (Pty) Ltd reserves the right to revise these Terms and upload changes to these Terms.  By using this Site, the Operator agrees to have accepted the revised Terms. 

USE OF THE SITE
Booksure™ facilitates communication between Operators and prospective and existing Clients. Magus Ventures (Pty) Ltd is in no way able to influence, negotiate or mediate between these parties should a dispute arise. 

Magus Ventures (Pty) Ltd can not be held liable should there be a misrepresentation by the Operator of the type of services, amenities or accommodation facilities offered. 

Magus Ventures (Pty) Ltd can and will not confirm any user’s identity or purported identity. 

By using this Site or any Service offered by this Site, you agree to not: 
  - illegally copy, store, use, alter, erase, impair, interfere with or attempt to interfere with our software, data and network resources; 
  - use this Service to assist in the distribution of unsolicited commercial email ('spam') or advertisements unrelated to the communication facilities offered by Booksure™;
  - impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
  - engage in any practice or conduct that is unlawful under any laws applicable to you;
  - use our Services to transmit, distribute, post or submit any information concerning any other person without their consent;
  - register for a Service on behalf of an individual other than yourself;
  - offer accommodation that you do not yourself own or rent (excluding the situation in which you are listing accommodation in the capacity of a rental or listing agent on behalf of a third party property owner, in which case you must be in possession of a valid mandate from the owner); 
  - impersonate any person or entity, or falsify or misrepresent yourself or your affiliation with any person or entity;
  - submit content that is inaccurate or misleading;
  - submit content that is hateful, threatening, contains profanities, is vulgar or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  
  Magus Ventures (Pty) Ltd reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any conduct deemed inappropriate. 

PRIVACY POLICY
The Privacy Policy of the site is available at privacy policy. All users of this Site agree to abide by the terms set forth in the Privacy Policy. 

ONLINE SIGNUP
The completion of the Booksure™ online signup does not guarantee a successful application. Magus Ventures (Pty) Ltd has the right to, at its own discretion, refuse an applicant.  By completing the online signup process, the applicant acknowledges that he/she is either the owner of the establishment or is duly authorized to act on behalf of the owner. 

BOOKSURE™ RESERVATION AND PAYMENT SYSTEM INCLUDING ALL MODULES INCORPORATED IN THIS SERVICE
1. The Operator agrees to use the Booksure™ Online Reservation and Payment System only for its intended purposes.  The Operator will not use this system for any other business not pertaining to accommodation. 

2. Operators will be entitled to implement Booksure™ on their existing website, giving them a secure on-line reservation and payment service that integrates with the design of their website.  They will be required to insert the Booksure™ logo with a link to www.booksure.com onto their website’s home page. 

3. Clients will have the choice to pay either a predetermined deposit amount or the full amount due in respect of their booking.  Upon receipt of any payment, Booksure™ will deduct transaction costs (details of which are set out in clause 6) and pay the balance of the payment to the Operator.  The deposit percentage is to be specified by the Operator.  The deposit percentage is updateable in the Operator’s profile but can be overwritten by the Operator at time of quoting.  If the Client pays the deposit only, Booksure™ is not responsible for the collection of the balance of the amount due.  The Operator must collect the balance outstanding directly from the Client during their stay at the Operator’s establishment. 

4. A reservation constitutes a binding agreement between the Operator and the Client.  The Operator agrees to not alter the price once accepted by the Client unless additional services are requested by the Client or else the booking dates, rooms requested or number of persons arriving are changed causing the accepted price to differ. 

5. A quotation for accommodation is legally binding for a period from quotation until the quotation expires.  It is the Operator’s responsibility to honour the quotation and to take all steps necessary to prevent overbooking
 
6. Booksure™’s online payment facility 
6.1 Credit card payments made to the Operator by the Operator’s Clients are processed via Booksure™’s online payment facility. 

In each such case : 
  - the Client electronically accepts the quotation or, in the case of a real-time booking module, makes a reservation. The Operator could also be handed the Client's credit card in order to make a payment on his/her behalf.
  - after the credit card details have been entered, Booksure™ sends the payment request through the online payment gateway. Initial credit card verification is done by the payment gateway.
  - the Client’s bank or financial institution (“the credit provider”) will verify the transaction and authorize electronic payment to Booksure™. The Client’s bank or financial institution may also reject the request for authorization in which case the payment will not proceed. 
  - Booksure™ has no control over the acceptance or rejection of payments made via the online payment gateway. This will be determined by both the merchant bank and the issuing bank.
  - balance of payment due to the Operator will be forwarded electronically to the Operator after all agreed transaction charges and commissions due have been deducted. The payment to the Operator will only take place once the funds have cleared in the bank account of Magus Ventures (Pty) Ltd.
  
6.2. Every payment processed via the Booksure™’s online payment facility will incur a transaction cost. The transaction cost is calculated as a percentage of the amount processed through Booksure™, and is calculated as follows: 

    3% + VAT on VISA and Mastercard payments
    4% + VAT on American Express (AMEX) payments
    5% + VAT on Diners Club payments 
   
   The normal VAT rate of 14% will apply on the above fees. 

6.3. In an effort to reduce the risk of credit card fraud, Booksure™ online payment facility makes use of 3D Secure.  There are currently two versions of 3D Secure implemented: VISA’s ‘Verified by Visa’ and MasterCard’s.  There is no 3D Secure for Diners Club and American Express cards. 

7. Rates, Seasons and Specials 
It is the Operator’s sole responsibility to keep his/her rates, seasons and specials on the Booksure™ Site up to date. Magus Ventures (Pty) Ltd will not be held liable should an Operator suffer loss of income or lose business due to incorrect rates, specials or seasons being displayed on the Booksure™ site. 

8. Chargebacks 
8.1 From time to time, after a payment has been verified and processed as described in paragraph 6 above, the Client’s credit provider will reverse or “charge back” the payment.  In effect, the entire payment is taken back electronically from Magus Ventures (Pty) Ltd by the credit provider without prior notification to or the consent of Magus Ventures (Pty) Ltd. There is nothing which Magus Ventures (Pty) Ltd can do to prevent such payment reversals, which are referred to in this agreement as “chargebacks”. 

8.2 The Operator agrees to bear the entire risk in respect of every chargeback, regardless of the credit provider’s reasons for implementing it, whether it be done on the Client’s instructions because of alleged mal performance by the Operator, whether it be because the credit card was stolen or had expired, or otherwise for any reason whatsoever. 

8.3 Should a chargeback not be reversed, resulting in the Magus Ventures (Pty) Ltd Bank account being debited, the Operator will be charged an administrative fee. 

8.4 Whenever a chargeback occurs, the Operator must pay Magus Ventures (Pty) Ltd the entire amount of the charge back (including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd) within Seven (7) days after being called upon by Magus Ventures (Pty) Ltd in writing (whether by e-mail or otherwise) to do so.  In the event that the Operator fails to pay to Magus Ventures (Pty) Ltd the entire amount of the chargeback ((including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd) within Seven (7) days after being called upon by Magus Ventures (Pty) Ltd in writing to do so, the Operator herewith unconditionally authorises Magus Ventures (Pty) Ltd to deduct chargeback debits owing from future Booksure™ deposits.  Alternatively, the Operator herewith unconditionally authorises Magus Ventures (Pty) Ltd to debit the Operators bank account with the entire amount of the chargeback (including any transaction charge, commission or administrative fee due to Magus Ventures (Pty) Ltd). 

8.5 In the event of a chargeback request, Magus Ventures (Pty) Ltd will request that the operator provide all documentation pertaining to the charged back transaction.  Magus Ventures (Pty) Ltd will forward the documentation on to the relevant bank in an attempt to persuade the credit provider to reverse the chargeback. 

8.6 In order to minimise the risk of chargebacks occurring, and in order to increase the Operator’s prospects of proceeding directly against the Client to recover its loss in the case of a chargeback, it is a condition of this agreement that the Operator takes at least the following precautions : 
  - The Operator must check the “valid date” on the credit card, to ensure that the card has not expired.
  - The Operator must obtain an imprint of the credit card, and a signature from the Client on the generated payment receipt or by making use of the provided manual receipt book should the payment receipt not be available.
  - The Operator must request the Client to provide proof of identity in the form of a passport, driver’s licence or identity document, and must make and retain a photocopy.
  
8.7 These precautions should be taken even in the case of a Client who, before using or checking out from the accommodation provided by the Operator, has already given electronic authority for payment to his/her credit provider. Such a Client should nonetheless be asked, when checking in at the Operator’s establishment, to make his/her credit card and the necessary identity document and signature available. 

8.8 Magus Ventures (Pty) Ltd reserves the right to, from time to time, request the above mentioned documentation to ensure that establishments are adhering to procedures or to verify certain transactions. Failure to produce the correct documentation on request by Magus Ventures (Pty) Ltd will result in the payment amount being withheld from the Operator until the Operator forwards adequate documentation onto Magus Ventures (Pty) Ltd. 

9.  Refunds 
The Operator may call on Magus Ventures (Pty) Ltd to process a refund to a Client. Magus Ventures (Pty) Ltd can only process a refund on receipt of a completed refund form either electronically or via fax. Magus Ventures (Pty) Ltd will only refund the Client into the same credit card account that was used in the original Booksure™ transaction.  Magus Ventures (Pty) Ltd reserves the right to refuse to process a refund should they be requested to refund into a different credit card account.  Should there be sufficient funds in pending payments to the Operator to cover the requested refund amount plus administrative fee, the refund will be processed and the refund amount plus administrative fee will be deducted from pending payments.  Should there be insufficient funds in pending payments to cover the requested refund amount plus administrative fee, the Operator will need to deposit the requested refund amount plus administrative fee into the Magus Ventures (Pty) Ltd bank account.  Only when these funds become available will Magus Ventures (Pty) Ltd process the refund to the Client. 

10. Membership Fees 
10.1. In addition to the transaction cost incurred when using the Booksure™ online payment facility, there will be either a monthly or annual fee payable by the Operator to Magus Ventures (Pty).  The fee will be payable in advance either by monthly debit order or annually via an Electronic Funds Transfer.  The payment method and fee will be determined based on the subscription package selected by the Operator. This fee will be reviewed should the Operator make changes to the subscription package.  The above fee is non-refundable with regards to the termination of the Operator's membership, either by the Operator or by Magus Ventures (Pty). 

10.2. The above fees may be subject to change from time to time. Magus Ventures (Pty) Ltd undertakes to advise clients of fee changes well in advance of any change occurring.  

10.3. The Operator hereby consents to receive all invoices from Magus Ventures (Pty) Ltd in PDF format via email.

10.4. The Operator may not add additional Establishments to 1 subscription package.  Each additional Establishment will be regarded as a separate subscription package. 

11. Cancellation of Reservation 
If a Booksure™ reservation is cancelled, the cancellation terms indicated by the Operator will apply.  It is the Operator’s sole responsibility to keep his/her cancellation terms as displayed on the Booksure™ Site up to date.  Booksure™ will not be held liable should an Operator fail to honour his/her cancellation terms.  The Operator must arrange to reimburse the Client any fees due as per the Operator’s cancellation terms. 

12. Overbooking
 In the event of non-availability of accommodation, due to overbooking or any other unforeseen circumstance, the Operator will provide the Client with substitute accommodation of the same or higher quality at the Operator’s own expense. 
 It is the Operator’s sole responsibility to keep his/her booking calendar and room availability on the Booksure™ Site up to date.  Magus Ventures (Pty) Ltd will not be held liable should an Operator suffer loss of any nature or lose business due to overbooking.

13. Reviews 
From time to time a Client may post comments, reviews, suggestions or ideas with reference to an accommodation establishment. By posting such content, the Client agrees to grant Magus Ventures (Pty) Ltd 
  - a nonexclusive, royalty-free, transferable, irrevocable right to use, reproduce, modify, adapt, translate, publish and/or distribute the provided content.
  - a right to publish the name that was used in the content submission.
  - a right to refuse to publish the submitted content. 

All content submitted will first be moderated by Magus Ventures (Pty) Ltd. Prior to publication of submitted content, Magus Ventures (Pty) Ltd will afford the Operator the opportunity to comment on submitted content.  Both the Client and the Operator content will be displayed on the Site at the sole discretion of Magus Ventures (Pty) Ltd. 

14. Affiliate Program 
Should Magus Ventures (Pty) Ltd offer an Affiliate Programe through Booksure™ the Operator may select to advertise through the Affiliate site.  In so doing, the Operator agrees to have the Affiliate commission percentage deducted from payments generated via the Affiliate site. 

15. Support Hours 
Telephonic support hours are: 
Monday to Friday from 09:00am until 05:00pm. 
Email Support hours are: 
Monday to Sunday from 09:00am until 05:00 pm. 

USERNAME AND PASSWORD
A username and password will be generated for an Operator at the time of account activation.  It is the Operator’s sole responsible for the confidentiality and use of his/her username and password.  Magus Ventures (Pty) Ltd should be notified immediately of any unauthorized use of an Operator’s username and password or any other breach of security. 

TERMINATION OF USE
Magus Ventures (Pty) Ltd in its sole and absolute discretion, has the right to terminate the Operator’s use of the Booksure™ service should the Operator breach any of the terms and conditions of this agreement or for any other reason deemed severe enough for Magus Ventures (Pty) Ltd to terminate the Operator’s contract. 

In the event that an Operator decides to stop using the Booksure™ system, the Operator is solely responsible for removing the Booksure™ service and any other reference to Booksure™ from its website and advising Magus Ventures (Pty) Ltd, in writing, that it is no longer using the Booksure™ system.  Should Clients however continue to use the Booksure™ system, notwithstanding the Operator’s stated intention of no longer using the system, Magus Ventures (Pty) Ltd is under no obligation to forward Client details to the Operator. 

WARRATIES AND INDEMNITY
All payments and information received through Booksure™, will be processed using an industry standard level of security so as to minimise the risk of unauthorised disclosure or interception by third parties.  Magus Ventures (Pty) Ltd cannot, however, indemnify the Operator/Client/User against any loss or harm it may suffer as a result of unauthorised disclosures or interception of payments and information. 

In the unlikely event that an Operator/Client/User is unable to use the Booksure™ booking system due to problems with Magus Ventures (Pty) Ltd server, or their internet, Magus Ventures (Pty) Ltd will use its best efforts to ensure that any problems that may arise will be resolved as quickly as possible.  Magus Ventures (Pty) Ltd however cannot be held responsible for any loss of revenue or reputational damage that may result from any such problem. 

Magus Ventures (Pty) Ltd does not guarantee that the Booksure™ Service will meet all Operator/Client/User expectations, be free of errors, or that errors reported will be corrected.

Any content or information transmitted or accessed through the Booksure™ Service, including but not limited to Newsletters and Reviews, is done so at the Operator/Client/User’s own discretion and risk.  Magus Ventures (Pty) Ltd takes no responsibility and assumes no liability for any content posted, stored or uploaded by an Operator/Client/User. The Operator/Client/User is solely responsible for any loss or damage arising out of the use or submission of content from the Booksure™ service. 

The Operator/Client/User herewith indemnify Magus Ventures (Pty) Ltd, its employees, shareholders and representatives in respect of any damages suffered as a result of utilizing the services provided by Magus Ventures (Pty) Ltd. 

Dates, times and venues of events are current at the time of publication but cannot be guaranteed to be correct.  Magus Ventures (Pty) Ltd cannot be held responsible for any loss of revenue or damages that may result from the publication of incorrect event information. 

LEGAL MATTERS
The Operator/Client/User hereby agrees and gives its consent to the Magistrate’s Court having jurisdiction in respect of any legal matter that may arise out of this agreement, even if the amount claimed by Magus Ventures (Pty) Ltd exceeds the jurisdiction of the Magistrate’s Court.  Magus Ventures (Pty) Ltd shall, however, still have the right to approach a higher court if it so chooses.

MODIFICATION OF SERVICE
Magus Ventures (Pty) Ltd reserves the right to, at its own discretion and without liability to the Operator/Client/User, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any or all of our Services to Operator/Client/User.
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