Terms of Service (SaaS Agreement)

1. Who these terms are between

These terms are between [COMPANY LEGAL NAME], registered in England & Wales (company no. [company number]), registered office at [registered office address] ("TravelBookingWidgets", "we", "us") and the business that subscribes to the platform ("you", "Operator"). They take effect on the earlier of your signup or first use ("Effective date: [date]") and incorporate our Data Processing Agreement (/legal/dpa), Privacy Notice (/legal/privacy), Cookie Policy (/legal/cookies) and Supplier Data Terms (/legal/supplier-terms). If there is a conflict about personal-data processing, the DPA prevails.

2. What the platform is — and what it is not

TravelBookingWidgets is a technology provider. We supply CRM, quoting and itinerary tools, embeddable booking widgets, privately stored supplier rate data, communications plumbing (email, WhatsApp, push) and payment-request technology to subscribing tour operators.

You are the seller. You make the offer, contract the traveller, confirm suppliers, deliver the trip and take payment. We are not a party to your contracts with travellers or suppliers, we do not sell or confirm travel services, we are not a tour operator, travel agent or package organiser, and we are not a merchant of record for your travellers' payments.

You are solely responsible for: the offers, quotes, bookings and content you present to travellers; consumer-law compliance for your sales; obtaining and maintaining any licences your business requires (for example a Tourism Regulatory Authority licence in Kenya, where applicable); and ensuring your use of supplier rate data complies with the supplier's terms.

3. Your account and responsibilities

• One person must be the workspace Owner. You are responsible for activity under your workspace and for keeping credentials secure.
• Seats and roles are managed by you. You are responsible for the accuracy of the data you and your staff enter.
• You must keep guest-facing surfaces truthful: travellers must be able to tell that they are contracting and paying you, not TravelBookingWidgets.
• You warrant that you hold all licences and permissions required to run your business and to use the platform for it.

4. Acceptable use

• No unlawful, infringing, fraudulent or abusive use of the platform.
• No reselling or providing the platform to third parties without our written agreement.
• No scraping, bulk-exporting or redistributing the shared supplier catalog or other tenants' data, and no attempting to access data that is not yours.
• No publishing supplier net rates or confidential rates publicly. Rates in the catalog are private reference data for your quoting.

5. Supplier rate data

Rates, availability and content stored in the catalog are reference data supplied by suppliers or their representatives. You must verify rates and availability with the supplier where required before confirming a booking. Rates may carry validity dates and provenance; the platform may show when a rate was supplied or whether it is stale.

You may use catalog data solely to prepare bona fide quotes and itineraries for your own customers, under the Supplier Data Terms (/legal/supplier-terms). Confidential rates are restricted to the tenants a supplier has named.

6. Payments

Guest payments are initiated using your own payment-provider credentials (your Pesapal account; M-Pesa STK push via your own Daraja/shortcode configuration) and settle directly to your merchant accounts. You are the merchant and the contracting party for your travellers. Chargebacks, refunds and disputes with travellers are your responsibility, handled with your payment provider.

We never hold, settle, route or take custody of traveller funds, and we are not a party to the traveller-to-operator payment. Card data never touches our servers: checkout is hosted by the payment provider.

Our own subscription fees are billed separately through our platform-owned Pesapal merchant account. We may suspend payment-request features of your workspace only for non-payment of subscription fees, never to intercept traveller funds.

7. Fees, trials, renewal and cancellation

Plans and prices are as displayed on our pricing page, which governs. Trial terms, if any, are as displayed at signup.

Paid plans renew automatically via our payment provider (Pesapal) until cancelled. Plan changes are charged at the displayed checkout price; automatic proration is not currently applied.

You may request cancellation at any time. Access continues to the end of the paid period, and the cancellation request remains pending until the recurring payment schedule is confirmed stopped with the payment provider.

Fees are exclusive of taxes unless stated [VAT / reverse-charge treatment for digital services to be confirmed with our advisers].

8. Intellectual property

We own the platform, software, templates we author and our brand. You keep ownership of your content (your logos, copy, itineraries and documents). Supplier-owned content in the catalog is licensed under the Supplier Data Terms. If you give us feedback or suggestions, you agree we may use them freely. We grant you a non-exclusive, non-transferable licence to use the platform for your business during the subscription term.

9. Availability and changes

The platform is provided "as is" and "as available" to the extent permitted by law. We do not commit to a service-level agreement at this time; we aim for high availability and will communicate planned maintenance. We may add, modify or discontinue features; where a change materially reduces core functionality, we will give reasonable notice.

10. Suspension and termination

We may suspend a workspace where reasonably necessary: for non-payment of subscription fees, or where the workspace creates a security, legal or abuse risk to the service or other tenants. We will give notice and a chance to remedy where lawful and practicable.

You may terminate at any time per section 7. Either party may terminate for material breach that is not remedied within [30] days of notice. On termination, your access ends and section 11 applies.

11. Your data on exit

For [30] days after termination we will, on request, make your workspace data available for export. Self-service export tooling is in development; today, exports are provided manually on request. After the exit window, we delete or de-identify your data as set out in the DPA, except where law requires retention.

12. Liability

This is a business-to-business agreement. To the extent permitted by law: neither party is liable for indirect or consequential loss, or for lost profits, revenue, goodwill or data (except where clause 11 or the DPA applies to data we hold for you); each party's total liability arising from these terms is capped at the total subscription fees you paid in the 12 months before the claim.

Nothing in these terms excludes liability for fraud, wilful misconduct, or anything else that cannot lawfully be excluded (including death or personal injury caused by negligence). You indemnify us against claims arising from the content you present to travellers and from your use of supplier data.

13. Governing law and disputes

These terms are governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction [counsel to weigh enforceability against Kenyan customers before publication].

14. Changes to these terms

We may update these terms and will give notice by email or on this page at least [30] days before material changes take effect. Continued use after the effective date constitutes acceptance. We keep dated versions so the terms you accepted can be identified.

Questions about these terms: hello@travelbookingwidgets.com.