The services provided by Suncierge, Inc. (“Suncierge”) are subject to the following Terms and Conditions (these “Terms”). If you are accessing and/or using the website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have authority to act on behalf of and bind your employer or a third party to these Terms. The website is hosted in the United States. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND SUNCIERGE, INC.
1. The services set forth in the attached Proposal (the “Services”) are provided by Suncierge, Inc., referred to herein as “Suncierge”, “we”, “us”, or “our”. The term “you” or “Client” refers to the person(s) who agrees to these Terms.
2. Services. We will provide the Services as set forth in the Proposal to you and as mutually agreed between you and us. We are not a party to any lodging, travel, or other agreement between you and any third party. This is true even if we help you book a rental property or other lodging or provide other ancillary products or services, tools, or products. As a result, any part of any actual or potential transaction between you and a third party, including the quality, condition, safety or legality of the trip booked, and the truth or accuracy of third party content (including the content thereof or any review relating to any traveler or property) are your sole risk and responsibility. You may be required to enter into one or more separate agreements, waivers, or terms and conditions before making a booking or purchasing a product or service, and we or one of our affiliates may place additional restrictions on your booking, product or service. We may in our sole discretion subcontract any portion of the Services. We are not responsible or accountable for incorrect arrangements made based on any incorrect or omitted information received from you, your agents or other travelers.
3. Payment. Vacation Rentals: Client agrees to pay _TBD%_ of the total rental price (minus security deposit) as a non-refundable research fee once a property is selected for rental. Payment is due with the initial deposit to hold the property. Other travel and concierge services: Client agrees to pay initial planning fee before travel research commences and for arrangements according to terms established in final itinerary and proposal.
4. Payments may be nonrefundable based on terms and conditions of the third-party providers (“Providers”). We encourage travelers to purchase travel insurance coverage. All availability and pricing are subject to change.
5. Suncierge will make a total of three trip payments including, the deposit and final payment, on the client’s behalf. Each additional payment may be subject to a service fee.
6. Cancellation requests must be made in writing and sent to Suncierge. Suncierge and its providers may apply cancellation fees, which will be determined with reference to the date on which notice of cancellation is received and a percentage of the total price paid for the canceled travel, product or service (excluding any insurance products).
7. Ownership of Content. We, along with our travel service and providers, own and have copyrights on the materials we provide to you. Trademarks, logos, and service marks contained in such materials are our and our Providers’ registered and common law trademarks. We may provide links to third-party sources and other useful travel-related information, including Providers’ sources, that which we do not operate or control. We are not responsible for those sources. We provide the information for your reference and convenience. We do not endorse the contents of these other sources.
8. Risk of Travel. Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements and advisories issued by the United States government before booking. While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
9. Protecting Copyrights and Other Intellectual Property. Suncierge respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Suncierge’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Suncierge that your copyrighted material has been infringed.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;· A description of the copyrighted work that you claim has been infringed upon;· A description of the location on the Website of the material that you claim is infringing;· your address, telephone number, and e-mail address;· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Suncierge’s Agent for Notice of copyright infringement can be reached as follows:
By Mail: Suncierge, Inc., Copyright Administrator, 229 North Greene Street, Greensboro, NC 27401
11. Warranties; Disclaimers. We stand by the Services we provide. We will use all commercially reasonable efforts to re-perform, correct or repair any problems with the Services. HOWEVER, NEITHER WE NOR OUR PROVIDERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE SERVICES OR ANY CONTENT, DATA, MATERIALS, INFORMATION, OR PRODUCTS PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM, AND OUR PROVIDERS EXPRESSLY DISCLAIM, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
12. LIMITATION OF LIABILITY. NEITHER WE NOR OUR PROVIDERS WILL BE RESPONSIBLE OR LIABLE FOR (A) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY; NOR (B) ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF FEES PAID TO US DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH THE MOST CURRENT EVENT GIVING RISE TO SUCH LIABILITY OCCURRED.
13. Force Majeure. We will not be liable for any delay or related damages or penalties when such delay is due to causes beyond its reasonable control, including without limitation, acts of God, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, war or riots
14. General Provisions. These terms shall be construed in accordance with the laws of the State of North Carolina without regard to its conflicts of laws principles, and any claim or conflict arising out of this these Terms shall be adjudicated in Guilford County, North Carolina. The parties hereby submit to the jurisdiction of such Guilford County, North Carolina courts. If a court finds any of these Terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law, and the other terms will remain valid and enforceable. These terms, together with the Proposal attached hereto make up the entire agreement between us relating to your use the Service and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. No waiver of this Proposal and Agreement shall be effective unless in writing and signed by the waiving party.
BY ENGAGING IN BUSINESS WITH SUNCIERGE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THE RESTRICTIONS AND LIMITATIONS IN SECTIONS 5, 8, AND 9 ABOVE SPECIFICALLY AS WELL AS ALL THE TERMS AND CONDITIONS EXPRESSED HEREIN.
Last Updated: 6/22/2019