Terms and Conditions

Last updated: 2024-03-13


These Terms and Conditions ("Terms") govern your access to and use of Ninepax's software, services, and products (collectively referred to as the "Services"). Please carefully read these Terms, as they outline the legal obligations, rights, and responsibilities between you ("User," "Client," or "You") and Ninepax. By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Services. These Terms also include our Privacy Policy, which details how we collect, use, and disclose your personal information. If you have any questions or concerns about these Terms or our Services, please contact us.

1. Services

Ninepax offers a sophisticated software solution tailored for travel agencies and tour operators, empowering them to effortlessly create and manage comprehensive itineraries. Our platform streamlines the entire itinerary planning process, from destination selection and activity scheduling to accommodation arrangements. With a user-friendly interface, travel professionals can efficiently customize and organize detailed travel plans, ensuring a seamless experience for their clients.

In addition to itinerary management, Ninepax provides robust tools for client relationship management (CRM). Our CRM features enable travel agencies and tour operators to maintain a centralized database of client information, preferences, and interactions. This comprehensive client management system facilitates personalized communication, allowing our users to provide tailored services that exceed client expectations.

1.2 Access and Use

Subject to compliance with these Terms, Ninepax grants the Client a non-exclusive, non-transferable, and revocable right to access and use the Services for the duration of the subscription period. This right is solely for the Client's internal business purposes and is subject to any usage limitations outlined in the Subscription Agreement.

1.3 Modifications and Updates

Ninepax reserves the right to modify, update, or enhance the Services, including adding or removing features, without prior notice. These changes may be made to improve functionality, security, or to comply with legal requirements. The Client will be notified of significant changes that may impact their use of the Services.

1.4 Support Services

Ninepax provides customer support services to assist the Client in using the Services effectively. The terms of support, including available channels, response times, and service-level commitments, are outlined in the Service Level Agreement (SLA).

1.5 Service Limitations

While Ninepax strives to offer reliable and uninterrupted services, the Client acknowledges that the Services may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications. Ninepax shall not be liable for any such issues beyond its reasonable control as outlined in the Service Level Agreement (SLA).

1.6 Third-Party Services

The Services may integrate with or utilize third-party services, products, or applications. The use of such third-party services may be subject to additional terms and conditions, and Ninepax shall not be responsible for any actions or omissions of third-party providers.

1.7 Data Management and Storage

Ninepax may store and process data provided by the Client as part of using the Services. The terms governing data handling, privacy, and security are outlined in the Privacy Policy, which is an integral part of these Terms.

1.8 Suspension or Termination of Services

Ninepax reserves the right to suspend or terminate the provision of Services, in whole or in part, in the event of a material breach of these Terms by the Client or as otherwise specified in these Terms.

2. Data Security and Privacy

2.1 Data Handling and Storage

Ninepax is committed to safeguarding the confidentiality and integrity of the data entrusted to us. All client data, including itinerary details and client information, is securely stored in compliance with industry best practices. Our infrastructure employs robust encryption mechanisms to protect data during transit and at rest.

2.2 Access Controls:

Access to client data within Ninepax's system is strictly controlled. Only authorized personnel with a legitimate need for access, such as for troubleshooting or support purposes, are granted permission. Access permissions are regularly reviewed and updated to align with the principle of least privilege.

2.3 Data Ownership:

Clients retain ownership of their data stored on the Ninepax platform. We respect the confidentiality of client information and are committed to using the data exclusively for the purpose of providing and improving our services. However, clients grant Ninepax the right to use anonymized and aggregated data for the enhancement and development of machine learning (ML) and artificial intelligence (AI) capabilities within the platform. This usage is solely for the purpose of optimizing and innovating our services, ensuring a more personalized and efficient experience for all users. Clients can be assured that individual identifiable data will not be used for ML/AI purposes without explicit consent.

2.4 Compliance with Regulations:

Ninepax is committed to complying with applicable data protection regulations, including other relevant regional and industry-specific standards. Our Privacy Policy outlines our practices in detail and provides information on how we handle personal data.

2.5 Data Breach Response:

In the unlikely event of a data breach, Ninepax has established procedures to promptly assess and mitigate the impact. Clients will be notified as soon as reasonably possible, and we will work diligently to address the breach, investigate its cause, and implement measures to prevent future incidents.

2.6 Third-Party Services and Sub-processors:

In certain instances, Ninepax may engage third-party services or sub-processors to enhance our offerings. These entities are carefully vetted for security and privacy compliance, and contractual agreements are in place to ensure they meet our stringent standards.

2.7 User Authentication and Authorization:

Access to Ninepax's platform is controlled through secure user authentication mechanisms. Clients are responsible for managing user credentials within their organization and ensuring that access is limited to authorized individuals.

2.8 Privacy by Design:

Ninepax incorporates privacy considerations into the design and development of our services. Our commitment to privacy by design ensures that data protection principles are integral to every aspect of our platform.

2.9 Privacy Policy:

Clients are encouraged to review Ninepax's Privacy Policy for a comprehensive understanding of our data handling practices, security measures, and privacy commitments. The Privacy Policy is an integral part of these Terms and can be accessed on our website.

3. Billing and Pricing

3.1 Subscription Plans

Ninepax offers various subscription plans, each with its own features, capabilities, and pricing. Details of the available plans, including features and associated costs, can be found on our website or provided separately. Clients may choose the plan that best suits their needs, and any changes to the plan will be reflected in the billing cycle.

3.2 Payment Terms

Clients are billed according to the selected subscription plan and pricing tier. Payment terms, including billing frequency (e.g., monthly, annually) and accepted payment methods, are outlined in the Subscription agreement. Payments are due on the specified billing date, and services may be subject to suspension or termination for non-payment.

3.3 Fees and Additional Charges

In addition to the subscription fees, clients may be subject to additional charges for extra services, features, or usage beyond the limits specified in their chosen plan. Any applicable fees or additional charges will be clearly communicated to clients in advance.

3.4 Price Changes

Ninepax reserves the right to modify the pricing of subscription plans with reasonable notice to clients. Price changes will not affect the current billing cycle but will be applicable to subsequent billing cycles. Clients will be notified of any upcoming price changes through the contact information provided.

3.5 Taxes

All fees and charges are exclusive of applicable taxes, which will be added to the total amount payable. Clients are responsible for any taxes or duties imposed by relevant authorities in connection with the use of Ninepax's services.

3.6 Refunds

Refunds are generally not provided except as required by law or as specified in the Cancellation and refund policy outlined in SLA. Clients are encouraged to review the refund policy provided separately for details on eligibility and procedures.

3.7 Account Suspension for Non-Payment

Failure to make timely payments may result in the suspension or termination of services. Ninepax will provide notice before taking such actions, allowing clients to rectify the payment issue to avoid service disruptions.

3.8 Invoice Disputes

Clients with concerns or disputes regarding invoices are encouraged to contact Ninepax's billing department promptly. Disputes will be investigated, and necessary adjustments, if any, will be made in accordance with our resolution process.

3.9 Termination and Outstanding Payments

Upon termination of services, any outstanding payments owed by the client become immediately due. Ninepax reserves the right to pursue collection efforts for unpaid amounts, including legal action if necessary.

3.10 Review and Revisions

Ninepax may periodically review and revise this Billing and Pricing to ensure it reflects current practices and client expectations. Any revisions will be communicated to clients in advance.

4. Service Level Agreement (SLA)

4.1 Uptime Guarantee

Ninepax is committed to providing a reliable and available service. We guarantee a minimum uptime of 99% for the Services, calculated on a monthly basis. Uptime is defined as the availability of the Services to transmit and receive data.

4.2 Measurement Period

The measurement period for calculating uptime will be based on a calendar month.

4.3 Exclusions

The following are excluded from the calculation of uptime:

  • Scheduled maintenance windows, for which Ninepax will provide at least 72 hours' notice to the Client.
  • Downtime resulting from circumstances beyond Ninepax's reasonable control, including force majeure events, acts of government, natural disasters, or third-party service outages.

4.4 Compensation for Downtime

In the event that the actual uptime falls below the guaranteed 99%:

  • Uptime between 98.0% and 99%: 5% service credit
  • Uptime below 98.0%: 10% service credit

4.5 Reporting Downtime

Clients must promptly report any service outages or disruptions to Ninepax's support team to initiate the investigation and resolution process. Failure to report downtime within a reasonable time may affect the eligibility for compensation.

4.6 Response Times

Ninepax is committed to providing timely responses to client support inquiries. While specific response timeframes may not be possibly outlined, we will make commercially reasonable efforts to address and respond to client inquiries promptly. Our goal is to ensure effective communication and support for our clients.

4.7 Escalation Process

In the event of extended downtime or critical issues, Ninepax has established an escalation process to prioritize and expedite issue resolution.

4.8 Updates and Maintenance

3.10 Review and Revisions: Ninepax may periodically review and revise this Billing and Pricing to ensure it reflects current practices and client expectations. Any revisions will be communicated to clients in advance.

4.9 Security Measures

Ninepax employs industry-standard security measures to protect client data. Details of our security practices are outlined in the Data Security and Privacy section of these Terms.

4.10 Service Credits

Service credits will be applied to the client's account within the billing cycle following the qualifying downtime. The total service credits issued in a calendar month shall not exceed the total monthly fee payable by the Client for that month.

4.11 Cancellation and Refund Policy

4.11.1 Cancellation by Client

The Client may cancel the services covered by this SLA by providing written notice to Ninepax. In the event of cancellation, the Client acknowledges and agrees that the current payment, including any fees paid for the current billing period, will not be refunded.

4.11.2 Cancellation by Ninepax

Ninepax reserves the right to cancel the services covered by this SLA in case of material breach of the terms outlined herein by the Client. In such instances, Ninepax will provide written notice of cancellation.

4.11.3 Effect of Cancellation

Upon cancellation, the Client's access to the services covered by this SLA will be terminated, and any remaining subscription fees for the current billing period will not be refunded.

4.11.4 Refund Exclusion

The Client understands and agrees that, except as expressly stated in this SLA, no refunds or credits will be provided for any reason, including but not limited to early termination, partial use of the services, or dissatisfaction with the services.

4.12 Review and Revisions

Ninepax may periodically review and revise this SLA to ensure it reflects current practices and client expectations. Any revisions will be communicated to clients in advance.

5. Proprietary Rights and Restrictions

5.1 Software Copying Prohibition

The software provided by Ninepax is proprietary and protected by intellectual property laws. Clients are expressly prohibited from copying, reproducing, distributing, or creating derivative works based on the software, in whole or in part, without the prior written consent of Ninepax.

5.2 License Limitations

Clients are granted a limited, non-exclusive, non-transferable license to use the software solely for the purpose of accessing and utilizing the Services provided by Ninepax. This license does not convey any ownership rights or permissions beyond those expressly stated herein.

5.3 Reverse Engineering and Modification

Clients agree not to reverse engineer, decompile, disassemble, or attempt to derive the source code of the software. Modification of the software in any way, including altering, adapting, or translating, is strictly prohibited without the explicit written consent of Ninepax.

5.4 Enforcement of Restrictions

Ninepax reserves the right to monitor compliance with these restrictions and take appropriate legal action in the event of any violation. Failure to adhere to these restrictions may result in the immediate termination of access to the Services and may also lead to legal consequences.

5.5 Intellectual Property Ownership

All intellectual property rights in and to the software and the Services, including any improvements, modifications, or customizations, remain the exclusive property of Ninepax. Clients acknowledge and agree that no transfer of ownership or rights is granted, except as explicitly stated in these Terms.

6. Privacy Policy

6.1 Collection of Information

Ninepax collects information from clients to provide and improve our services. This may include personal information such as names, email addresses, and contact details. We may also collect non-personal information related to user activities on the platform.

6.2 Use of Information

The information collected is used for the purpose of delivering and enhancing our services. This may include personalization, troubleshooting, and communication with clients about their accounts or our services. We may also use aggregated and anonymized data for analytical purposes and to improve our platform.

6.3 Data Sharing

Ninepax does not sell, lease, or share personal information with third parties, except as necessary to provide the services or as required by law. We may share anonymized and aggregated data for analytical and marketing purposes.

6.4 Third-Party Services

The Ninepax platform may integrate with third-party services or applications. Clients are encouraged to review the privacy policies of these third parties, as their data handling practices may differ from ours.

6.5 Data Security

Ninepax employs industry-standard security measures to protect client data. This includes encryption, access controls, and regular security assessments. Clients can refer to the Data Security and Privacy section of the Terms for more details.

6.6 Cookies and Tracking Technologies

Ninepax uses cookies and similar tracking technologies to enhance user experience and collect information about usage patterns. Clients can manage cookie preferences through their browser settings.

6.7 Data Retention

Client data is retained for as long as necessary to provide the services and as required by applicable laws. Clients can request the deletion of their data in accordance with the data deletion policy outlined in this Privacy Policy.

6.8 Updates to the Privacy Policy

Ninepax may update this Privacy Policy periodically to reflect changes in our data handling practices and legal requirements. Clients will be notified of significant changes, and the latest version of the Privacy Policy will be available on our website.