You, CUSTOMER, are hiring WanderLabs to design, develop, install, and maintain an online booking system, from here on referred to as WanderBook. If you are a beta customer, there is no charge for the design, development, or installation of this system. Your trial period lasts 14 days after initial mockup of your website.
Once your free beta trial with WanderBook has expired, WanderLabs will start charging a fee, to be decided and agreed upon by both parties prior to the expiration of the beta trial. The fee will either be a fixed monthly subscription or performance-based and will exclude the cost of payment processing.
Currently, WanderLabs offers online payment processing with DPS and SwipeHQ. WanderLabs will set up and connect either payment processing account to the CUSTOMER'S website free of charge, but the CUSTOMER is responsible for paying any and all fees associated with payment processing.
As our CUSTOMER, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, and other information as and when we need it and in the format in which we ask. You agree to review our work and provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this we will also maintain the confidentiality of any information you give us.
We will create a real-time online booking system for your website, called WanderBook. This includes both front end work that your customers will see on your site as well as a backend dashboard which will allow you to manage your bookings, create and edit existing bookings, pull up reports, and any number of additional functionalities. As a WanderLabs CUSTOMER, you will automatically receive any software updates or feature updates we install through your cloud-based system. In other words, your reservation system will always be updated with the latest functionality with no need for manual updates and no cost to you.
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 8 for Windows as this browser is now past its sell-by date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at an hourly rate of NZ$175 for any necessary additional code and its testing.
We are not responsible for writing or inputting any text copy and instead will use the content that you provide and that already exists on your website. If you’d like additional help with your content, we're happy to help and we will charge you at a discounted rate of NZ$125 per hour, including a free initial consultation, for copy writing or content input.
You will supply us with high res photographs in digital format. (This is not necessary, but will greatly help your website’s performance metrics.)
Unlike a traditional contract that would charge you for further changes and revisions, we welcome your feedback throughout the development and installation process. While we may not incorporate all of your ideas, we will gladly listen to them.
As a beta product, WanderBook will continue to evolve and change as we iterate on both design and functionality. Your participation in this process is critical to both your and our success.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email, or other services relating to web site hosting. If you do require help with anything beyond the design and development of WanderBook, we'll be happy to help you find a partner.
We will always offer free phone and email support for any issues that may arise with WanderBook. We will also install, free of charge, a statistics software that will allow you to track your booking system’s performance.
We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages. As such, we do not warrant that the service will be uninterrupted, timely, secure, or error-free, though we will do our best to ensure there are no errors or outages.
You expressly understand and agree that WanderLabs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service. You also agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the WanderLabs service, use of WanderLabs, or access to WanderLabs.
WanderLabs owns all the intellectual property rights of the WanderLabs system, as well as the software and other material underlying and forming all parts of WanderLabs. By using the system, you agree to not use or attempt to use any software, process, or device to copy, collect or harvest data or other content from WanderLabs or any of our partners. You also agree to not decompile, reverse-engineer, disassemble, or otherwise attempt to access any software underlying or forming the WanderLabs services. By agreeing to these terms, you agree to not take any actions or build any software or crawlers that imposes an unreasonable burden on WanderLabs. In other words, you cannot use, or attempt to use, our data without our express permission.
Lastly, you agree not to hide or otherwise obstruct the "Powered by WanderLabs..." mark.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by yourself or that you have permission to use them.
You also own text content, photographs, and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and, other code and we license it to you for use on only this project. All visual elements of WanderBook and WanderLabs belong to us.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites and in magazine articles.
We are sure you understand how important it is for us as a small business that you pay your invoices promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule and terms, which will be as follows, but may be revised based on further conversations between us.
Please note that a valid credit card or pre-approved credit terms is required for all activated accounts.
WanderLabs fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties as needed.
In the unlikely event of your dissatisfaction, you the CUSTOMER have the right to cancel and void our partnership. WanderLabs has up to 14 days after you issue a cancellation request to cancel your subscription to WanderBook.
Once cancelled, you will lose the ability to take bookings online, display real-time inventory information, or use the dashboard. We will automatically take the booking widget off your website so customers will no longer be able to make new bookings. Prior to cancellation, you will be able to export all existing bookings to view offline, but you will be unable to access your dashboard to enter new bookings or manage your calendar or inventory.
WanderLabs will bill you for any bookings that resulted prior to cancelling the contract. You will be responsible for paying the convenience or subscription fee for these bookings.
*You can cancel any time during the free trial without penalty or fee, but the above provisions will remain for future bookings..
You are responsible for keeping your password secure and confidential. WanderLabs cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Prices for using WanderLabs are subject to change upon 30 days notice. Such notice may be provided at any time by posting changes to the WanderLabs site, as well as reaching out to you via email. You will be able to upgrade your account to access added features and functionalities that go beyond the basic WanderBook software at any time during your subscription.
WanderLabs reserves the right to modify or discontinue the Service with 30 days notice. WanderLabs shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Just like a pesky speeding ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this document becomes invalid or unenforceable, the remaining parts of it remain in place.