Dewex

1. Purpose and scope

These terms govern the supply, by Robin Malaval (Entrepreneur individuel), registered under SIRET number 834 456 204 00017 and established at 1172 chemin des promeneurs, 34190 Laroque, France, hereinafter “Dewex”, of the booking website service available at dewex.io.

The service is intended solely for professionals acting in the course of their business, in particular operators of tourism and leisure activities. It is not intended for consumers. Subscribing constitutes unreserved acceptance of these terms, which prevail over any conflicting document issued by the subscriber.

2. Description of the service

Dewex provides an online platform allowing the subscriber to publish a branded website with a built-in booking engine. The service includes:

generating and hosting the website, pre-configured from the information supplied by the subscriber;
managing activities, availability, bookings and customers, together with the associated dashboards;
connecting the subscriber's own Stripe account, on which travellers' payments are collected directly;
publishing the website on the subscriber's own domain name. Acquiring, renewing and managing the domain name is the subscriber's responsibility and they remain its sole holder; Dewex takes no part in those steps.
platform improvements. Features may be modified or extended, without any substantial reduction of the subscribed service.

3. Account and trial period

Creating an account gives access to a free trial period of fourteen (14) days, with no payment details required. During this period the subscriber builds and adjusts the website without publishing it.

Publishing the website requires selecting a paid plan and registering a means of payment. No charge is made before this step. If no plan is taken at the end of the trial, the website is not published and the account may be deleted after a period of thirty (30) days.

The subscriber is responsible for keeping their credentials confidential and for all activity carried out from their account.

4. Pricing

Starter: €49 per month, together with a commission of 6% on each direct booking collected through the website.
Pro: €199 per month, with no commission on bookings.
Premium: €499 per month, with no commission on bookings.
Prices are stated in euros. VAT not applicable, article 293 B of the French General Tax Code.
Dewex may revise its prices. Any change is notified to the subscriber at least thirty (30) days before it takes effect and applies only from the following billing period. A subscriber who refuses the change may terminate under article 6.

5. Payment and flow of funds

The subscription is payable monthly in advance, by charge to the registered means of payment. The first instalment runs from publication of the website.
The Starter plan commission is deducted at source on each transaction, using the Stripe Connect application fee.
Sums paid by travellers are collected directly into the subscriber's Stripe account. Dewex never holds those funds and acts neither as a payment institution nor as a collection intermediary.
The relationship between the subscriber and Stripe is governed by the contract concluded between them. The subscriber is solely responsible for being accepted by Stripe and for complying with Stripe's terms.
If a charge fails, Dewex may suspend access to the service after a reminder has gone unanswered for seven (7) days.

6. Term, termination and absence of a right of withdrawal

The contract is concluded for an indefinite term, with no minimum commitment. The subscriber may terminate at any time from their account. Termination takes effect at the end of the current monthly period, which has already been paid. Sums covering that period are retained and give rise to no pro rata refund.

As the service is supplied to professionals acting within their main field of activity, the right of withdrawal provided by the French Consumer Code does not apply. The free fourteen-day trial allows the subscriber to evaluate the service before any payment.

Dewex may terminate the contract where the subscriber fails to meet its obligations, after a formal notice has gone unanswered for fifteen (15) days, or without notice in the event of unlawful use of the service.

7. Effects of termination

On the effective date of termination, the website ceases to be published and access to the dashboard is closed.
The subscriber has thirty (30) days from that date to export their booking and customer data. Dewex provides the means necessary for that export.
After that period, the data is deleted from Dewex's systems, subject to retention periods required by law, in particular for accounting purposes.
The subscriber's domain name remains theirs. The content they supplied remains their property.

8. Subscriber's obligations

The subscriber undertakes to:

supply accurate information about their identity, their business and the services they offer, and keep it up to date;
hold the authorisations, registrations, insurance and financial guarantees required by the regulations applicable to their business, in particular those governing the sale of travel and holidays;
bear sole responsibility for concluding and performing the contracts entered into with travellers through the website, including cancellations, refunds and complaints;
ensure that published content, in particular text, photographs and video, is lawful and that they hold the rights allowing its distribution;
comply with the regulations applicable to travellers' personal data, for which they are the controller.

9. Intellectual property

The platform, its code, architecture, templates and components remain the exclusive property of Dewex. For the term of the contract the subscriber holds a personal, non-exclusive right to use the published website for the purposes of their business, excluding any right to reproduce, transfer or modify the code.

Content supplied by the subscriber remains their property. They grant Dewex a licence limited to hosting and displaying that content on the website, for the term of the contract only.

10. Personal data

For traveller data collected through the website, the subscriber is the controller and Dewex acts as processor within the meaning of article 28 of Regulation (EU) 2016/679.
Dewex processes that data only on the subscriber's instructions and solely to provide the service, and implements appropriate technical and organisational measures.
Dewex uses sub-processors, in particular for hosting and payment processing. A list is available on request.
For the subscriber's own data, Dewex is the controller, on the terms set out in its privacy policy.

11. Availability and maintenance

Dewex applies reasonable means to keep the service available. This is an obligation of means: no guaranteed availability figure is given.

Interruptions may occur for maintenance or updates, or through circumstances outside Dewex's control, in particular the failure of a hosting or payment provider. Planned work is, as far as possible, announced in advance and carried out during quieter hours.

12. Liability

Dewex's liability is limited to direct and foreseeable loss. Indirect loss is excluded, in particular loss of revenue, of customers, of data or of reputation.
In any event, Dewex's liability may not exceed the sums paid by the subscriber over the twelve (12) months preceding the triggering event.
Dewex is not liable for the relationship between the subscriber and travellers, nor for the performance of the services sold by the subscriber.
Dewex is not liable for failures of the third-party services the platform relies on, in particular Stripe and its hosting provider.
These limitations do not apply in the event of gross negligence or wilful misconduct.

13. Changes to these terms

Dewex may amend these terms. Any substantial change is notified to the subscriber at least thirty (30) days before it takes effect. A subscriber who refuses the change may terminate before that date. Continuing to use the service beyond that date constitutes acceptance.

14. Governing law and jurisdiction

These terms are governed by French law. The parties will endeavour to settle amicably any dispute arising from their interpretation or performance. Failing agreement, the dispute will be brought before the competent French court.

Terms and Conditions of Sale