The new “Guesty Advanced Website Plus” Services by Guesty provide a tailored solution for creating and optimizing your direct booking website (“Site”) using Guesty’s advanced website development tool . This service is designed to streamline the process and ensure your site is built according to your specifications.
By using the services outlined here, you agree to the following terms and conditions (“Terms”):
1. Site Creation.
Guesty will build the Site using the materials and data provided by the Customer via email. After the initial build, the Customer will have the opportunity to review the completed Site. Guesty will implement revisions within the agreed scope under your Guesty contract, If changes are needed.
2. Revisions.
Guesty will provide one round of pre-launch revisions at no additional cost, based on the Customer’s feedback on the first draft. Any further revisions beyond the initial round will be charged according to the agreed rates outlined in the Customer’s contract. Guesty will not be responsible for issues resulting from materials or information provided by the Customer that may affect the Site’s functionality or appearance.
3. Support Services.
Post-live support service will be provided via email on business days by Guesty. This service covers the provision of support (restricted to basic revisions), reporting and advice in relation to issues with the Site. Please note that these support services may incur additional costs.
4. Additional Costs.
Any additional services beyond the agreed scope, such as extra revisions, custom functionalities, or post-live support, may incur additional fees, as outlined in the Customer contract.
5. Guesty’s Booking Engine.
The Customer acknowledges and agrees that Guesty is developing the Advanced Website on their behalf using Guesty’s Booking Engine and Advanced Website Development Tool (the “Tool”). The Customer acknowledges that the Tool has inherent limitations, including those related to design and customization. The Customer understands and accepts these limitations and acknowledges that the services provided are subject to the constraints of the Tool and that any use of the Tool is governed by the Guesty Booking Website T&Cs, which are hereby incorporated by reference.
6. Third-Party Providers.
By utilizing this service, the Customer acknowledges and agrees that portions or all of the services under these Terms may be performed by a third party who will assist in the development and maintenance of the Site. These providers will work in accordance with Guesty’s standards and under its supervision. The Customer hereby agrees to provide the necessary access to the third-party providers.
7. Intellectual Property and Ownership
7.1. Guesty retains all rights, title, and interest in its Tool, including any enhancements, modifications, and derivative works. This includes ownership of any templates, methodologies, or tools developed and used in the provision of services under these Terms.
7.2. The Customer is granted a non-exclusive, non-transferable license to use the Site and any deliverables created under these Terms solely for their internal business operations. Any data generated through Guesty’s Tool that is specific to the Customer’s operations will remain the property of the Customer.
8. Customer Responsibilities.
To ensure timely and accurate delivery of the Site, the Customer must provide the following:
8.1.Customer Data. The Customer agrees to supply all relevant materials, including text,
images, information, data, text, software, music, sound, photographs, graphics, video,
messages, goods, products, services or other necessary data for the Site creation
(“Customer Data”).
8.2. License to Use Customer Data. The Customer grants Guesty a worldwide, royalty-free, sub-licensable license to use all provided data, including all Customer Data, for the purpose of building and managing the Site. Guesty may also manage accounts and keywords on behalf of the Customer with third-party services as needed.
9. Customer Representations and Warranties. The Customer warrants and represents that:
9.1. It has been provided with access to the Customer account and the Customer Data.
9.2. It has the legal right to use, distribute, and authorize the use of all materials and data
provided to Guesty for the purpose of building the Site
9.3. The Customer is responsible for all of the Customer Data that is uploaded, posted,
transmitted or otherwise made available on the Site, and it hereby acknowledges and
agrees that Guesty will not be considered the “publisher” of the Site and the Customer is
responsible for archiving and backing up the Customer Data regularly and frequently.
9.4. The Customer Data provided is accurate, lawful, and does not infringe the rights of any third party.
9.5. The Customer will use the Site and its affiliated services strictly in accordance with these Terms and applicable laws.
10. Indemnification.
The Customer agrees to indemnify and hold Guesty, its affiliates, or any third party providing the services, harmless from any losses, damages, claims, or expenses (including legal fees) arising from:
10.1. The use or modification of Customer Data.
10.2. Claims that the Customer’s Data is harmful, misleading, or infringes on the rights of
third parties.
10.3. Any breaches of the Customer’s obligations under these Terms and the Customer’s
agreement with respect to the services outlined hereof.
11. Access and Termination of Services.
Should the Customer cancel its Guesty account, all access to the Site and related services provided by Guesty will be revoked.
12. Privacy and Data Protection.
12.1. The Customer shall obtain all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information of any person, entity or property which is part of the Customer Data.
12.2. The Customer’s use of the Site does not ensure its compliance with applicable Data Protection Laws, nor is Guesty responsible for the Customer’s compliance with such laws. The Customer is solely responsible for obtaining a privacy policy that complies with all applicable laws.
13. Regulation and applicable laws.
13.1. The Customer is responsible for fully complying with all applicable laws, regulations, and any other contractual terms that govern the use of the Site, including those specific laws applicable to the Customer or its guests and/or website visitors in any of the applicable geographical locations. Guesty shall not be responsible or liable to the Customer, its guests, or website visitors for any of the Customer or its Guests’ breaches of applicable law.
13.2. The Customer is solely responsible for obtaining Terms of Services for its Site that comply with all applicable laws and for ensuring that its Site will be accessible as required by applicable law. While Guesty may offer accessibility-related tools or integrations, your use of such tools is entirely optional and at your own discretion. Regardless of whether you choose to utilize any such tools, you hereby waive any and all claims, demands, or causes of action against Guesty arising from or related to the accessibility or inaccessibility of your Guesty Booking Website. If the Customer uses any templates of the Terms of Services and/or Privacy Policy offered by Guesty, the Customer assumes full responsibility for their use and waives any claims against Guesty related to their suitability or compliance.
13.3. To the extent permitted by law or agreed in these Terms, the Site will be delivered “as is” without warranty or condition of any kind. Guesty expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement.
13.4 Guesty shall in no event be responsible for any damages caused to you or to your guests or website visitors due to the use of the Site or by any deficiency, defect, error, or malfunction of the Site.
14. Pricing and Payment.
14.1 By using the services under these Terms, the Customer agrees to pay all subscription fees agreed upon at sign-up or as stated in its Guesty contract.
14.2 Guesty may increase the subscription fees up to 7% by providing a prior written notice.
15. Termination.
In addition to any remedies that may be available to Guesty under any applicable law, we may promptly temporarily or permanently suspend, or terminate the Customer’s use of the Site, and take technical and legal measures to refuse any and all current or future access to and use of the Site, if we, in our sole discretion, determine that the Customer (i) abused the rights to use the Site; or (ii) materially breached these Terms; or (iii)performed any act or omission which is harmful or likely to be harmful to Guesty, or any other third party.
16. Other terms.
16.1 Guesty may update these Terms from time to time. Your continued use of the Guesty Website after any updates to these Terms constitutes your acceptance of the updated Terms.
16.2 Guesty’s Terms of Service, Guesty Booking Website T&Cs, Privacy Policy and AI Use Policy (as may be updated from time to time) are incorporated into and supplement these Terms. If there is any inconsistency between these Terms and the Terms of Service, these Terms will prevail.
16.3 You may contact Guesty with any questions or comments, at Legal@guesty.com.