Terms & Conditions of Supply
Version 2.4 · last updated 10 October 2026 · supplier: Mersey Software Ltd trading as HotelSolutionsMod (Company No. 13492871)
1. Definitions and interpretation
1.1 In these Terms: “Supplier” means Mersey Software Ltd trading as HotelSolutionsMod, registered in England & Wales under company number 13492871, with its registered office at 4th Floor, 14 Castle Street, Liverpool L2 0NE, United Kingdom; “Customer” means the person, hotel, guest-house or corporate group who purchases Services via this website; “Services” means the software modules, integrations and related consultancy described in our catalogue, licensed on a per-property basis; “Host Platform” means the property-management system, booking engine or channel infrastructure already operated by the Customer to which our modules connect through published application programming interfaces (“APIs”); “Order” means a completed checkout or written order confirmation; “Licence Term” means each rolling one-month period for which a monthly licence is granted; “Documentation” means the activation guides, API scoping notes and knowledge-base articles published on this website.
1.2 Headings are for convenience only. “Including” means “including without limitation”. References to statutes include amendments and subordinate legislation. Where the Customer is a consumer, statutory rights under the Consumer Rights Act 2015 are not affected and prevail over any inconsistent clause to the extent the law requires. If any clause is found unenforceable, the remainder of these Terms continue in full force, and the parties will substitute a lawful clause closest to the original commercial intent.
2. Contract formation
2.1 A binding contract is formed when we send an order confirmation by email following your submission of the checkout form. 2.2 Prices are quoted in pounds sterling and exclude VAT, which is charged at the prevailing rate where applicable. We may correct obvious pricing errors before acceptance and will notify you if a quoted price was mistaken. 2.3 These Terms incorporate our Privacy Policy and Cookie Policy; in case of conflict between documents, these Terms prevail for commercial matters and the Privacy Policy prevails for data-protection matters. 2.4 Quoting, browsing or adding items to the basket does not reserve capacity; licences are granted in the order payment is confirmed.
3. Scope of licence
3.1 Each module subscription grants the Customer a non-exclusive, non-transferable right to use the corresponding module at the properties stated in the Order during the Licence Term. Group customers must licence additional properties separately unless otherwise agreed in writing. 3.2 The licence covers production use, reasonable test environments owned by the Customer, and internal configuration changes made through our admin screens. Resale, white-labelling, reverse engineering, creation of derivative works, scraping of our interfaces, or circumvention of technical limits constitutes material breach. 3.3 All intellectual property in the modules, their code, documentation and know-how remains with the Supplier or its licensors. The Customer retains all rights in its own data, content and branding. 3.4 Feedback you provide may be used freely without obligation or attribution.
4. Delivery and activation
4.1 Modules are delivered digitally. After payment confirmation we issue connection instructions and request an API credential generated inside the Customer’s own Host Platform account. We never require, request or store the password of any Host Platform account. 4.2 Typical activation occurs within 48 hours of payment; complex migration engagements follow the project timeline stated in the Order. 4.3 Digital delivery means no physical goods are supplied and delivery is complete upon sending of working access credentials and configuration sign-off. 4.4 The Customer is responsible for maintaining a supported Host Platform edition and for the accuracy of the credentials it supplies; delays caused by outdated platform editions or incorrect credentials extend timelines accordingly.
5. Payment and renewal
5.1 Monthly licences are invoiced monthly in advance, debited by card via the secure payment link emailed after checkout, or by bank transfer for annual arrangements. 5.2 Each Licence Term renews automatically until cancelled under clause 9. 5.3 Late payment beyond 14 days permits suspension without prejudice to accrued charges. One-time project fees are invoiced against agreed milestones. 5.4 We may adjust list prices at renewal with 30 days’ email notice; price changes never apply retroactively to an already-paid term. 5.5 All payments are non-refundable except as stated in clause 9 and the Refund & Cancellation policy.
6. Data protection
6.1 Where modules process personal data (for example guest contact details during messaging or e-signature flows), the Supplier acts as processor and the Customer as controller. Both parties comply with the UK GDPR and the Data Protection Act 2018. The processing purposes, retention periods, sub-processor list and security measures are set out in our Privacy Policy; a full data-processing agreement is available free of charge on request and forms part of the contract once countersigned. 6.2 The Supplier notifies the Customer without undue delay and in any event within 48 hours of becoming aware of a personal-data breach affecting the Customer’s data, and assists with controller-side notification obligations where required. 6.3 Records of processing are maintained per Article 30(2) UK GDPR. Auditable logs are retained for 12 months. 6.4 On termination, the Supplier returns or deletes Customer data per the retention schedule, providing written certification on request.
7. Host Platform dependence
7.1 Modules depend on APIs provided by third-party platform vendors. If that vendor materially changes or restricts its API, we will implement workarounds within reasonable commercial times or, if impossible, provide pro-rated credit for the affected module. This clause defines the parties’ entire remedy for third-party platform changes. 7.2 We are not the operator of, and are not affiliated with the operator of, the Host Platform; the Customer’s contract with that operator is unaffected by these Terms. 7.3 Scheduled maintenance windows of third-party platforms are outside our control; we monitor them and reschedule our own jobs to minimise overlap.
8. Warranties; liability
8.1 We warrant that Services conform materially to their published description and will be provided with reasonable skill and care. 8.2 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded. Subject thereto, aggregate liability per contract year is limited to the total fees paid in that year. We are not liable for lost profits, lost bookings or indirect loss. 8.3 Implied warranties are excluded to the extent permitted by section 6 of the Unfair Contract Terms Act 1977; nothing affects statutory consumer rights under the Consumer Rights Act 2015. 8.4 Force majeure events (including utility failure, labour dispute or upstream platform outage beyond our reasonable control) suspend obligations for their duration; either party may terminate if the event persists beyond 60 days.
9. Cancellation and suspension
9.1 The Customer may cancel any monthly licence at any time effective from the end of the current paid month; see Refund & cancellation. 9.2 Either party may terminate for material breach not cured within 14 days of notice. On termination, licence rights end and we delete Customer configuration data within 30 days except records we must keep by law. 9.3 Suspension for non-payment or security incident is proportionate and time-limited, with reinstatement as soon as the cause is resolved.
10. Consumer contracts
10.1 Purchases by consumers benefit from a 14-day cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as detailed on the refund page. Business purchases follow clause 9 instead. 10.2 Consumers also retain remedies for faulty digital content under the Consumer Rights Act 2015.
11. Governing law
11.1 These Terms are governed by English law. Courts of England and Wales have exclusive jurisdiction, save that consumers may bring proceedings in their country of residence in the EEA/UK where local law so provides.
12. Complaints and contact
12.1 Complaints go first to support@holetsolutionsmod.com; we acknowledge within 2 business days and resolve or propose escalation within 10 business days. Supplier contact: Mersey Software Ltd, 4th Floor, 14 Castle Street, Liverpool L2 0NE, United Kingdom, phone lines shown on our contact page. Alternative dispute resolution through an approved ADR scheme is available on request, and nothing in these Terms prevents a consumer from approaching the Citizens Advice consumer service or the courts.