Terms of Service
1. Parties and scope
These Terms of Service ("Terms") govern the contractual relationship between Newbookclloud Retail S.r.l., a limited liability company incorporated under Italian law with registered office at Via Cavour 47, 00184 Roma, P.IVA and Codice Fiscale IT 07284916350, REA Roma RM-1548273 ("Newbookclloud", "we", "us"), and the natural person or business entity ("Customer", "you") who orders any add-on module or service listed on newbookclloud.org.
2. Nature of the service
Newbookclloud operates as an independent shop of third-party add-on modules that connect, through the official Wubook API, to a Customer's existing Wubook ZAK account. Newbookclloud is not a channel manager, booking engine or property management system. All bookings, folios, rate plans and inventory remain the property of the Customer inside their Wubook account.
3. Formation of contract
The contract is formed at the moment the Customer completes checkout on newbookclloud.org and receives an order confirmation email. For consumer Customers (as defined by D.lgs. 206/2005) the withdrawal right under Article 4 applies. For business Customers acting in the exercise of their profession or business, the withdrawal right does not apply.
4. Withdrawal right (consumers only)
Consumer Customers may withdraw from the contract within 14 calendar days from confirmation, without providing any reason, in accordance with articles 52 to 59 of the Codice del Consumo (D.lgs. 206/2005). To exercise this right, send an unambiguous notice to support@newbookclloud.org. See our Refund Policy for full detail.
5. Fees, invoicing and payment
All fees are quoted in euro (EUR), exclusive of VAT unless otherwise stated. Italian VAT at the applicable rate is added on invoicing. The first month is prorated by day count from the day of activation. Recurring monthly charges are billed on the first business day of each calendar month for the coming period. Payment methods: SEPA direct debit, major credit cards through our PCI-DSS certified processor, or bank transfer to our IBAN at Intesa Sanpaolo for annual plans of €150 and above. Italian electronic invoices are issued through Sistema di Interscambio (SdI) using the codice destinatario or PEC address provided by the Customer.
6. Service availability
Newbookclloud commits to 99.5% monthly uptime measured at our EU compute region in Frankfurt. Scheduled maintenance is announced at least 72 hours in advance and does not count against uptime. Service credits are calculated per Annex A of the DPA.
7. Duration and termination
The contract is entered into for an indefinite term with monthly billing. Either party may terminate with effect from the end of the current billing period through the account interface or by email to support@newbookclloud.org. No refund is due for the current month upon termination.
8. Warranties and liability
Newbookclloud warrants that the modules perform substantially as described in the corresponding product page. Newbookclloud does not warrant uninterrupted access to third-party services (Wubook API, Fatture in Cloud, OTA endpoints) that may be temporarily unavailable due to reasons outside our control. Total aggregate liability in any 12-month period is capped at the fees paid by the Customer in that same period, save for cases of gross negligence, wilful misconduct or personal injury.
9. Intellectual property
All source code, trademarks, module logic and documentation remain the exclusive property of Newbookclloud. The Customer receives a non-exclusive, non-transferable licence to use the modules in connection with their own Wubook account for the duration of the contract. The Customer's data (bookings, guest records, folios) remains the exclusive property of the Customer at all times.
10. Data protection
Processing of personal data is regulated by our Privacy Notice and, where Newbookclloud acts as processor on behalf of the Customer, by the Data Processing Agreement concluded pursuant to Article 28 GDPR and D.lgs. 196/2003 as amended by D.lgs. 101/2018.
11. Governing law and jurisdiction
These Terms are governed by Italian law, in particular the Codice Civile, the Codice del Consumo (D.lgs. 206/2005) and D.lgs. 70/2003 on electronic commerce. Any dispute arising out of or in connection with these Terms shall fall within the exclusive jurisdiction of the Tribunale di Roma, save where mandatory consumer-protection rules assign jurisdiction elsewhere. Consumers may also access the ODR platform at ec.europa.eu/consumers/odr.
12. Amendments
Newbookclloud may amend these Terms with 30 days prior written notice via email. If the Customer does not agree, they may terminate before the amendment takes effect. Continued use after the effective date constitutes acceptance.