Hospitality
Solutions Network
WEB PRIVACY POLICY
[1] Our company respects
your privacy. Through our Web site, we strive to provide valuable information
to you about how we may serve you. Whether you are a valued existing customer
or someone shopping for new services, we hope our site answers your questions
about our products and services.
[2] We do collect and store general information about the name of the domain
from which you access the Internet (such as Compuserve.com or AOL.com), the
date and time users access our site, the Internet address of the Web site from
which you linked to us and other general information. Other than that, we collect
information on visitors only in the aggregate and use it solely for internal
review purposes. This information simply enables us to tell which areas of the
site are of most interest to our users, which avenues of site promotion are
most effective and when peak usage times.
[3] Our Web site does not require you to disclose any personally identifying
information. If, however, you choose to contact us via e-mail, subscribe and/or
use a trial version, please keep in mind that your e-mail address, and any other
information your e-mail header shows about you, such as your name or organization,
will be revealed to us in the e-mail. We pledge, however, that when you communicate
with us via e-mail, we will use your e-mail information only for the specific
purpose of responding to your comments or questions. Your e-mail address will
not be sold nor will it be shared with others outside, unless we are compelled
to do so by law.
[4] Cookies are used to estimate our audience size. Each browser accessing our
site is given a unique Cookie that is then used to determine whether a user
is a first-time visitor or a return visitor. This helps us deliver better service
by helping us understand whether the majority of those accessing the site are
new or repeat visitors.
[5] From time to time, we may solicit information from you for our guest book
or in connection with a giveaway or drawing. The disclosure of information is
entirely voluntary on your part and, if you choose to give it, the personally
identifying data will be used primarily to enable us to contact you with additional
information about our products and services.
[6] We reserve the right to change this policy at any time by posting a new
privacy policy.
Hospitality
Solutions Network
AGREEMENT AND DISCLOSURE – TERMS OF SERVICE
PARTIES / ACCEPTANCE OF TERMS
These “Terms of Service” constitute an agreement between Hospitality
Solutions Network “HSN” and HSNonline.net web service and your company.
The rules herein apply to all usage of the Hospitality Solutions Network service,
regardless of which domain name was used to access the service. Current domain
names include "hospitalitysolutionsnetwork.net” and “hsnonline.net”.
"HospitalityNET Online" is a registered name with the State Corporation
Commission of Arizona. By using the Service or any portion of the Service, you
are automatically agreeing to these Terms of Service, which can be changed by
HSN at any time. If the Terms of Service change at any time to your dissatisfaction,
you may cancel your service by emailing customerservice@HSNonline.net. However
if you continue to use the Service, you are automatically agreeing to any and
all changes in these Terms Of Service.
DESCRIPTION OF SERVICE
HSN provides businesses with software and templates that allows managers to
create, and maintain their employee work schedules, yield manage, forecast and
employee training modules, and provides employees with access to that information
through the World Wide Web. The Service also allows managers and employees to
communicate with each other in various ways using a variety of features.
DEFINITIONS
Actual Number of Employees: This is the actual number of Employees that have
access to their schedules. You are not billed by this number, unless it exceeds
your Maximum Number of Employees.
Employee: One actual person listed on the schedule, and this includes any and
all managers. If a person is not technically an "employee", that person
may still be considered an Employee for the purpose of these Terms of Service
and by this definition of an Employee.
Maximum Number of Employees: This is the maximum number of Employees you can
have accessing their schedules. You are billed according to this number.
Schedule Consulting: Any time spent by an HSN representative assisting the customer
with setting up their particular employee schedule, forecast, yield or training
module.
Technical Support: Any time spent by a HSN representative to assist the customer
strictly with the operation of the HSN system.
The Service: The HSN as described in "Description of Service"
To sign up for the Service: This means to actually initiate a customer account
by purchasing and giving billing information. This does not refer to signing
up for the free 30 day trial.
You and We: In this Agreement, the words “you”, “your”
and “yours” mean those persons who request and use HSN services,
any joint owners of accounts accessed under this Agreement and any authorized
users of this service. The words “we,” us,” and “our”
mean the Hospitality Solutions Network, HSN, HSN Online and HospitalityNET Online.
ACCEPTANCE OF DISCLOSURES
This disclosure was presented to you the first time you accessed the HSN System
as part of the initial log-on authorization. By using the Service you accept
the terms and conditions of the HSN Agreement and the HSN Billing Method Agreement
if you use the Bill Payment Service. This agreement is available to read or
print at the HSN web site under Disclosures on the home page link.
HSN ONLINE SERVICE
Account Access. If we approve your application for the HSN service, you may
use your personal computer to access your accounts. You must use your access
code along with your account number to access your accounts. The HSN service
is accessible seven (7) days a week, twenty-four (24) hours a day through an
Internet Service Provider designated by HSN (except for times when the system
is off-line for updates, service or regular maintenance). You will need a personal
computer, direct dial modem and access to the Internet (Word Wide Web). You
are responsible for the installation, maintenance and operation of any software
and your computer. HSN will not be responsible for any errors or failures involving
any telephone service, Internet service, software installation or your computer.
Types of Transactions. At
the present time, you may use the HSN online service to: • Schedule your
employees. • Purchase individual position specific training programs.
• Communicate with HSN using the electronic mail ("E-mail")
feature and these are subject to the terms of your account agreement.
FREE 30 DAY TRIAL
HSN offers a limited thirty-day free trial. The thirty-day free trial is covered
by these Terms of Service. As a potential customer your business may use a limited
version of the Service for thirty days, free of charge, with the limitations
as described below. You may have a maximum of 25 employees using the system.
If you do not sign up for the Service within thirty days after accepting the
free thirty-day trial, your access will be immediately terminated and you will
not be billed. HSN is not responsible for contacting you to let you know your
thirty-day free trial is up. If your company has already had a free trial in
the past with the HSN service, you are ineligible for another free trial.
CONTRACT TERMS
HSN currently offers three standard contract terms for using the employee scheduling
software: 1 month, 6 month, and 12 month. In all cases, you must pay in advance
for the full amount of the entire term in order to receive the Service after
the free trial is over. At the end of the term, the contract will automatically
renew, and you will be billed for another term of the same length. If you do
not cancel before the contract is over you will be liable for the full amount
of the new contract term at the current price.
CURRENT PRICES
By signing up for the Service, you agree to pay HSN the current prices for service
as follows:
1 Month Term: There is a
minimum cost of $29.95 for the one month term, which covers a Maximum Number
of Employees (see "Definitions") of 25. If you wish for your Maximum
Number of Employees to be above 25, the cost is an additional $1.00 per Employee
for the one month term.
6 Month Term: There is a
minimum cost of $152.75 for the six month term, which covers a Maximum Number
of Employees (see "Definitions") of 25. If you wish for your Maximum
Number of Employees to be above 25, the cost is an additional $4.50 per Employee,
covering the full six month term.
12 Month Term: There is
a minimum cost of $269.55 for the twelve month term, which covers a Maximum
Number of Employees (see "Definitions") of 25. If you wish for your
Maximum Number of Employees to be above 25, the cost is an additional $6.00
per Employee, covering the full twelve month term.
Employee training programs
are $99.95 per individual position module.
All prices are subject to
change without notice. HSN reserves the right to negotiate prices and terms
upon written contract. Prices will not be pro-rated for any term.
ACCOUNTS AND PASSWORDS
Managers will receive a company ID, a user ID, and a password to manage the
schedule with special manager rights. Also, each of your Employees will receive
the same company ID, user ID and a password to access that employee’s
schedule on the web site. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIONS
OF ANY MANAGERS AND/OR EMPLOYEES USING THEIR PASSWORDS AS WELL AS ANY ACTIVITY
THAT OCCURS UNDER THOSE ACCOUNTS REGARDLESS OF WHO THE ACTUAL INDIVIDUAL IS
WHO IS ACTING UNDER THOSE ACCOUNTS. YOU ARE RESPONSIBLE FOR MAKING SURE THAT
BOTH MANAGERS AND EMPLOYEES KEEP THEIR PASSWORDS ABSOLUTELY CONFIDENTIAL. Your
Employees must keep their passwords confidential. You agree to notify HSN immediately
of any unauthorized use of any password. HSN will not be liable for any loss
or damage arising from your failure to comply with this section or the failure
of any of your Employees to comply with this section.
BILLING PERIOD
By signing up for the Service you agree to the following: HSN will bill the
amount you owe in Service fees at the start of your Billing Period. Your Billing
Period starts on the date you sign up for the Service, continuing until the
day before the corresponding day of the next month that you are due to be renewed,
which is hereby your Billing Day. For example if you sign up for the Service
on March 15th for a one month term, your first Billing Period will be from March
15th to April 14th. EXCEPTION: If the date you sign up for the Service is on
the 29th, 30th or 31st day of the month, your Billing Period will start on the
first of the next month.
BILLING METHOD
You may choose to pay either by check or by credit card. If you choose to pay
by check you must send payment immediately upon purchasing the Service. If you
choose to pay by credit card, you must present valid credit card information.
HSN will attempt to send you a statement every month when applicable, but regardless,
you are responsible for getting funds to HSN on time.
If you are billing by credit
card, from time to time there may be problems with billing your credit card
on time. If there is a problem for any reason with billing, even including but
not limited to negligence on the part of HSN, you are still liable for all charges
incurred, and agree to allow HSN to bill you at a later date. If for any reason,
HSN is unable to bill you using your credit card, whether due to a problem with
you or your credit card company, or a problem with HSN or our credit card processor,
or any third party involved in the billing process, regardless of fault, you
are still liable for any and all charges incurred and must pay by any means
available the amount due to HSN. You are fully responsible for ensuring that
payment is received, regardless of the billing method. These charges are considered
due on the first day of each Billing Period, regardless of any billing problems
that may occur.
Regardless of billing method,
full payment must be received within the first 30 days of the start of your
Billing Period. If full payment is not received within the first 30 days of
the start of your Billing Period, you accept that the Service can be terminated
without notification.
TECHNICAL SUPPORT
Technical Support is defined as any time spent by a HSN representative to assist
the customer strictly with the operation of the Hospitality Solutions Network
system. HSN provides the following amount of technical support at no extra charge.
HSN may, if it deems appropriate, at its sole discretion, limit the amount of
technical support as follows: for 1 month terms, limit 30 minutes per month;
for 6 month terms, limit 2 hours per 6 months; for 12 month terms, limit 3 hours
per 12 months. HSN may change these limitations at any time without notice.
Technical support hours are good only for one term and do not carry over to
the next term. Extra technical support is available at $50 per hour and must
be paid in advance.
SCHEDULE CONSULTING
Schedule Consulting is defined as any time spent by an HSN representative assisting
the customer with setting up their particular employee schedule. HSN does not
provide this type of Schedule Consulting for potential customers in the thirty-day
free trial, or for customers in one month term contracts. HSN will offer Schedule
Consulting at no extra charge for the long term contracts with the following
limitations: for 6 month terms, limit 3 hours per 6 months; for 12 month terms,
limit 6 hours per 12 months. HSN may change these limitations at any time without
notice. Extra Schedule Consulting beyond what is specified here is available
at $50 per hour and must be paid in advance. Full payment for the contract must
be received before any Schedule Consulting will take place. Schedule Consulting
hours are good only for one term and do not carry over to the next term.
TERMINATION OF HOSPITALITY
SOLUTIONS NETWORK ONLINE SERVICES
You agree that we may terminate this Agreement and your use of the HSN services
if you or any user of your account breaches this or any other agreement with
us or if we have reason to believe that there has been an unauthorized use of
your account or access code.
CANCELLATION
At the end of each term your service will be automatically renewed for the next
term unless you cancel by emailing customerservice@HSNonline.net with your account
number stating that you would like to cancel the Service.
However, termination or
cancellation of this Agreement will not affect the rights and responsibilities
of the parties under this Agreement for transactions initiated before termination.
NON-USE OF SERVICE
By not actually
using the Service, you are not releasing yourself from your liability to HSN
for the Service. The fact that you have signed up for the Service and/or the
fact that your Service has been automatically renewed (see "Month To Month
Agreement"), regardless of whether or not you choose to actually use it,
is enough to constitute your liability to HSN for the Service.
COLLECTION COSTS
IN CASE OF NON-PAYMENT
In the event that you do not pay for charges incurred by using the Service within
90 days of the due date, you will be responsible for all such charges and interest
accruing thereon at the rate of eighteen percent per annum plus costs incurred
by HSN to collect the money from you, including but not limited to attorney's
fees, court costs, other legal costs, and postage.
ACCURACY OF INFORMATION
PROVIDED TO HOSPITALITYNET ONLINE
You agree to provide true, accurate, current and complete information about
your business and maintain and promptly update the company information to keep
it true, accurate, current and complete. This applies to both the information
concerning your company information in the "Company Settings" section
of the web site, and in the "Manage Employees" section. If you provide
any information that is untrue, inaccurate, not current or incomplete, or HSN
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, HSN has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
EMPLOYEE REPRESENTATION
Since HSN charges by the Maximum Number of Employees allowed to use the Service
to access their schedules, each employee account must represent exactly one
person. You may not use one employee account to represent more than one employee
or more than one employee's schedule. If you misrepresent the number of employees
that are using the system in any way, or if HSN has reasonable grounds to suspect
that you have misrepresented the number of employees that are using the system
in any way, then HSN has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof).
If it is determined the Actual Number of Employees actually using the system
is greater than your company's Maximum Number of Employees, then your Maximum
Number of Employees will be corrected to be your Actual Number of Employees,
and you will be fully liable for the additional cost, computed with the new
Maximum Number of Employees, for the full time that those Employees have been
using the system, retroactively, according to the current prices.
MEMBER CONDUCT
As a condition of your use of the Service, you warrant to HSN that you will
not use the Service for any purpose that is unlawful or is prohibited by these
Terms of Service and notices. Any resale of the Service is expressly prohibited.
Any type of abuse, including but not limited to attempts to spy or get the passwords
or private information of others, spamming, harassment, hacking, reverse engineering
of any kind, excessive use with the intention of overworking or overloading
the system in any way, or any other behavior which is considered an abuse by
modern internet standards will be cause for and serve as reasonable grounds
for immediate termination.
DISCLAIMERS/LIMITATION
OF LIABILITY
The information and services included in or available through the Service may
include inaccuracies or typographical errors. Changes are periodically added
to the information herein. HSN may make improvements and/or changes in the Service
at any time. HSN does not represent or warrant that the Service will be uninterrupted
or error-free, that defects will be corrected, or that the Service or the server
that makes it available, are free of viruses or other harmful components. HSN
does not warrant or represent that the use or the results of the use of the
Service or the materials made available as part of the Service will be correct,
accurate, timely, or otherwise reliable. You specifically agree that HSN shall
not be responsible for unauthorized access to or alteration of your data.
HSN MAKES NO REPRESENTATIONS
ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY, AND ACCURACY OF
THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. HSN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL HSN BE
LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HSN HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH
ANY PART OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL
(SEE "TERMINATION / CANCELLATION") AND DISCONTINUE USING THE SERVICE.
SEVERABILITY
The invalidity or unenforceability of any provision of these Terms Of Service
shall not affect the validity or enforceability of any other provisions of these
Terms Of Service, which shall remain in full force and effect. If any of the
covenants or provisions of these Terms Of Service are determined to be unenforceable
by reason of their extent, duration, scope, or otherwise, then the parties contemplate
that the court making such determination shall reduce such extent, duration,
scope or other provision and enforce such term(s) in their reduced form for
all purposes contemplated by these Terms Of Service.
ENTIRE AGREEMENT
These Terms Of Service contain the entire agreement between HSN and your company
with respect to usage of the Service, and supercedes, merges, and replaces all
prior written or oral agreements, negotiations, offers, representations, and
warranties with respect to the usage of the Service. No course of dealing between
the parties, no usage of trade, and no parol or outside evidence of any nature
shall be used to modify, interpret or supplement any provision of these Terms
Of Service.
INDEMNIFICATION
You agree to indemnify and hold HSN, its affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your use of the Service.
bCHANGES IN TERMS
OF SERVICE
These Terms Of Service may change at any time without any advance notice. A
current version of the Terms of Service will remain at http://HSNonline.net.
By continuing to use the service, you automatically agree to any and all of
these changes.