TERMS AND CONDITIONS OF USE OF OCTORATE SERVICES
1. Supplier information
The platform and related services are provided by Octorate S.R.L., with registered office at Via Filippo Caruso, 23, 00173 Rome, C.F. / VAT no. 13493861002.
Octorate S.R.L., hereinafter Octorate, provides software solutions for accommodation facilities, including Booking Engine, Channel Manager, PMS and Website Builder.
2. Scope of the services
Octorate provides software tools to manage online bookings, rates, availability, rate plans, websites and operational activities connected to the accommodation facility.
Bookings generated through the Octorate Booking Engine do not include commissions on received transactions.
Octorate provides software tools and technical services. It does not act as an intermediary between the accommodation facility and the final guest and does not assume obligations belonging to the parties involved in the booking.
3. Evolution and modification of services
The services offered by Octorate are based on technology in continuous evolution.
Octorate reserves the right to modify the services offered, at its own discretion and at any time, to adapt them to technological evolution and to the operational needs of the platform.
4. OctoSite and user responsibility
OctoSite is the Octorate service that allows the user to create and manage their own website.
The user is solely responsible for the content published on their website, including custom Terms and Conditions, Privacy Policy, Cookie Policy, cookie banner, texts, images, offers and any other information or documentation required by applicable law.
Octorate only provides the software for creating and managing the website and assumes no responsibility for the content published by the user or for its legal compliance.
The user must verify that their website complies with the applicable rules on personal data protection, online advertising, e-commerce, cookies, tracking tools and consumer protection.
Octorate reserves the right to modify, update, limit or discontinue at any time the features of the OctoSite service, in whole or in part, compatibly with the technology in use and for reasons of IT security, technological evolution or compatibility with integrated third-party systems and platforms. Such changes may be made at Octorate discretion, without giving the Customer any right to a refund, indemnity or compensation, without prejudice to the provisions of the “Duration of the contract” section and to the mandatory rights of consumers under the law.
5. Activation and integration of the booking system
The use of the online booking software and its integration into the property website take place through a link provided by Octorate at the time of registration and service configuration.
Octorate creates an online booking page for each Customer. Once created and configured, the page does not require changes to the website or the installation of additional software, unless different technical needs apply.
6. Data entry and management
The Customer is responsible for entering, updating and ensuring the accuracy of the data uploaded to the platform, including rates, availability, booking times, rate plans, conditions, descriptive content and images.
The management system is accessible online 24 hours a day, subject to the availability of the Customer internet connection and the technical services involved.
Username and password are chosen and managed by the Customer, who must keep them strictly confidential and protect them from unauthorized access.
7. Booking system
Bookings are made online through secure servers and on the basis of the data entered by the Customer in the platform.
The Customer is responsible for the accuracy and updating of the information shown to the final guest during the booking process.
The contractual relationship relating to the booking is concluded exclusively between the accommodation facility and the final guest. Octorate is not part of that relationship and does not act as an intermediary.
Each booking generates a confirmation sent in real time by email to the relevant parties, according to the system configuration.
8. Credit cards and booking guarantee
No payment is necessarily made at the time of the online booking.
Credit card details may be used as a guarantee for the booking. The formal validity of the card may be checked through the Luhn algorithm or similar technical systems.
Octorate does not guarantee the authenticity, solvency or actual availability of the credit card provided by the final guest.
Card data is stored in encrypted form and managed according to applicable security standards, including PCI-DSS standards. Octorate cannot directly decode such data.
Any charge to the final guest credit card is the exclusive responsibility of the accommodation facility or the payment provider used. Octorate is not liable for disputes, fraud, chargebacks, failed charges or controversies between the property and the final guest.
9. Channel Manager and connected portals
Octorate provides the Channel Manager service using reliable, monitored and updated technology.
Octorate does not control the servers, infrastructure, procedures, update times or technical systems of OTAs and connected portals.
The Customer must periodically verify the correct updating and alignment of rates, availability, restrictions and bookings on the connected portals.
Octorate is not responsible for overbooking, missed portal updates, synchronization errors, missed revenue or damages deriving from disruptions, changes or limitations attributable to third-party systems.
During the first connection or synchronization with the connected OTA portals, for technical reasons related to database alignment procedures, the price lists and availability in the system may be deleted or overwritten. The Customer must verify and, where necessary, manually re-enter such information. Octorate declines all responsibility for any deletions, economic losses or missed earnings deriving from this technical operation.
10. Payment systems
Octorate may provide technical integration services with payment gateways, payment institutions and third-party partners.
The service offered by Octorate concerns only the technical connection between the platform and the integrated payment systems.
Octorate does not perform banking or financial intermediation, does not directly manage funds and does not operate as a payment institution.
Any disputes, delays, failed credits, incorrect charges, chargebacks or payment issues must be managed with the payment provider or partner chosen by the Customer.
11. Alloggiati, ISTAT and Revenue Agency services
Octorate provides technical tools for creating and sending guest registration forms to the State Police portal, for collecting and transmitting ISTAT data and for sending tax documents to the Revenue Agency, where such features are available and active.
Given the continuous evolution of procedures, regulations and IT systems of the competent authorities, Octorate cannot guarantee the correct, constant or timely sending of data and documents to the relevant authorities.
The Customer remains solely responsible for verifying the correct sending of mandatory communications and, if necessary, for sending them through the official channels made available by the competent authorities.
12. Customer obligations
The Customer undertakes to use Octorate services correctly, lawfully and in compliance with the applicable rules.
In particular, the Customer undertakes to comply with the following obligations.
- Comply with applicable local, national and European laws, with specific reference to Italian law where relevant.
- Respect the technical and functional limits of the services.
- Periodically verify the accuracy of the data entered in the account and the functioning of active services.
- Promptly report any malfunction to Octorate.
- Keep username, password and access credentials confidential.
- Not use the services for unlawful, offensive activities, activities contrary to public order or activities that infringe third-party rights.
- Not carry out spam, phishing, cracking or other improper uses of the network.
- Use content, images and materials in compliance with intellectual property rights.
- Not publish racist, xenophobic, discriminatory, child pornographic, terrorist, violent content, content contrary to public morality or harmful to human rights.
- Hold Octorate harmless from any claim, damage, dispute or request from third parties arising from the Customer use of the services.
- Provide Octorate with truthful, complete and up-to-date personal and company data.
- Adopt all necessary measures to protect access credentials from unauthorized access, phishing attempts or other fraudulent activities, and do not share them with third parties.
The Customer acknowledges that logs and technical data produced by Octorate systems may be used to reconstruct activities carried out on the platform, within the limits allowed by law.
13. Service suspension or cancellation
Octorate may suspend access to the services, cancel the service or withdraw from the contract, pursuant to art. 1456 of the Italian Civil Code, by email communication, if the Customer violates these Terms and Conditions or uses the services unlawfully, abusively or contrary to applicable rules.
In the event of unlawful content or content harmful to Octorate ethical and legal principles, the Customer must remove it promptly.
Octorate is not required to modify, correct or preventively check Customer content or configurations, while it may intervene to suspend or cancel the service in the cases provided for.
Suspension or cancellation of the account does not give the Customer any right to compensation, refund or indemnity.
14. Use of the API
License
Octorate grants the User a non-exclusive, revocable, non-transferable and limited license to use its API solely for the purpose of integrating Octorate services with the User systems. The User undertakes not to modify, copy, distribute, decompile or exploit the API in any way other than as provided for in this contract.
User responsibility
The User is responsible for the correct use of the API and for the security of their own systems. In the event of malfunctions or technical issues with the API, the User must promptly report them to Octorate. Octorate does not guarantee the continuous availability of the API and may make changes, updates or suspensions, even without notice.
The User acknowledges and accepts to be responsible for all data, information and content entered, uploaded, transmitted, stored or otherwise processed through the Octorate API, including, by way of example and not limited to, data relating to rates, availability, restrictions, guest records, identity documents, billing data, images and text content.
Revocation and suspension of access
Octorate reserves the right to revoke or suspend, at its sole and absolute discretion, access to the API at any time, without notice and without the User being able to claim compensation or indemnity. Such revocation or suspension may occur in the event of:
- violation of the contractual conditions by the User;
- improper or abusive use of the API;
- technical or security needs on the Octorate side;
- modification or termination of the API supply by Octorate.
Call quotas
At its own discretion and to protect its infrastructure, Octorate reserves the right to impose call quotas to limit any abuse or excessive use of the API. The User undertakes to respect such limits and not to exceed the established quotas. Octorate may change the quotas at any time to ensure the efficiency and security of the infrastructure.
Payment conditions
Access to and use of the API is conditional on the payment of Octorate services by the User. If the User fails to fulfil the payment obligations for Octorate services, access to the API may be suspended or revoked, without the User being able to claim any compensation or indemnity.
Limitations of liability
The API is provided “as is”, without guarantees of continuous availability, compatibility or fitness for a particular purpose. Octorate shall in no case be liable for direct, indirect, incidental or consequential damages arising from the use of or the inability to use the API.
Loss, deletion or alteration of data
Octorate shall in no case be held liable for the loss, deletion, corruption, alteration or unavailability, in whole or in part, of the User Data arising, by way of example and not limited to, from:
- errors, omissions, negligence or improper conduct of the User or of third parties authorized by the User in entering, managing or deleting data;
- unauthorized access to the User systems due to shortcomings in the security measures adopted by the User, including, by way of example, failure to protect access credentials, sharing of credentials with third parties, absence of multi-factor authentication where available, or failure to adopt adequate protection measures against phishing, malware and other cyber threats;
- malfunctions, failures, interruptions or inadequacies of the equipment, IT systems, networks or Internet connections available to the User or to third parties;
- interventions, modifications, integrations or configurations carried out by the User or by third parties appointed by the User on their own systems or on the integrations with the Octorate platform, including integrations through the API;
- synchronization, import or export operations of data to and from OTA portals, third-party systems or other software used by the User;
- unforeseen circumstances, force majeure events or cyber attacks, as defined in the “Octorate liability” section of this contract.
15. Duration of the contract
The contract becomes valid at the time of registration and remains valid indefinitely.
Cancellation is possible at any time by either party.
In the Upgrade section, the Customer may independently deactivate one or all of the services that make up the platform. In case of deactivation, charges by Octorate will be suspended according to the applicable conditions.
No refund or compensation will be granted if the service is interrupted before the expiry of the subscribed plan.
Pursuant to the Italian Consumer Code, Legislative Decree 206/2005, if the Customer qualifies as a consumer, the Customer has the right to withdraw from the contract within 14 days from the subscription of the plan, without having to provide any reason and at no cost, except as provided for services already rendered, such as training and configuration.
The Customer acknowledges that, if they have requested the activation of the service before the expiry of the withdrawal period, they may be required to pay Octorate an amount proportional to the services already provided up to the moment the withdrawal is exercised. In any case, once the service has been even partially provided at the Customer request, the right of withdrawal may no longer be exercised.
Suspension or cancellation of the account does not give the Customer any right to compensation, refund or indemnity, without prejudice to the mandatory rights of consumers under the law.
16. Applicable law and competent court
These Terms and Conditions are governed by Italian law.
For anything not expressly regulated by these Terms and Conditions, the provisions of the Italian Civil Code and applicable Italian law apply.
For any dispute relating to the interpretation or execution of these Terms and Conditions, the Court of Rome shall have exclusive jurisdiction.
17. Octorate liability
Octorate cannot be held responsible for delays, malfunctions, suspensions or interruptions of services due to causes not directly attributable to Octorate.
Such causes include, by way of example, force majeure events, cyber attacks, ransomware, fires, explosions, earthquakes, volcanic eruptions, floods, wars, riots, strikes, tampering or actions by the Customer or unauthorized third parties, internet network issues, incorrect use of the services and malfunctioning of the Customer equipment.
The Customer must notify Octorate of any malfunction within five days from the detection of the damage.
If a malfunction attributable to Octorate causes economic damage to the Customer, any indemnity may not exceed the fee of the specific service whose malfunction generated the damage.
The use of any free services is at the Customer risk. For such services Octorate provides no guarantees, protection, assistance or indemnities.
18. Information on data processing
Octorate processes personal data in compliance with EU Regulation 2016/679, GDPR, and with the applicable rules on personal data protection.
Personal data provided by the Customer may be processed for the provision of the requested services, the management of complaints and disputes, the sending of commercial communications, communication to business partners, sales activities, satisfaction surveys, statistical analysis and market research, within the limits allowed by law.
Failure to provide the necessary data, or partial or inaccurate provision, may make it impossible to provide the requested services.
Data may be processed with IT and manual tools. Within Octorate, data may be known only by authorized and trained persons.
The Data Controller is Octorate S.R.L., with registered office at Via Filippo Caruso, 23, 00173 Rome.
The data subject may exercise the rights provided by the applicable rules by writing to legal@octorate.com. For technical reasons, the time required for any deletion of personal data from archives may take up to 5 working days, subject to different legal retention obligations.
20. Changes to the Privacy Policy and Cookie Policy
The Privacy Policy and Cookie Policy may be updated over time following regulatory changes, the introduction of new services, technological developments or changes in processing methods.
The user is invited to periodically consult the updated versions published on the Octorate website.