FortySix Terms of Service

1. The service

FortySix is software for running a hostel or small hotel: bookings and the bed plan, the till and bar, stock, bookkeeping, staff and rotas, guest invoices, and a connection to online travel agencies (OTAs) through a channel manager.

We may improve and change the service over time. If we remove something you rely on, we'll tell you at least 30 days before, unless the law or a security problem makes that impossible.

2. Your account

• The account belongs to the business it was opened for. If it was opened by someone on the business's behalf, the business is the owner, not that person. If there's a dispute about who owns an account, we may ask for documents such as a business registration or photo ID before acting on anyone's instructions.
• An account can't be transferred to another business without our agreement. If you sell the property, we can hand the account over to the new owner.
• One account is one property. You're responsible for everyone who uses it: your staff sign in at the desk with their own PINs, and managers approve sensitive actions.
• Keep the property login and PINs to yourselves, and tell us straight away if you think someone else has them.
• The information you put in (rooms, prices, bookings, guests) must be accurate and yours to use.

3. Prices and payment

• The fee is $199 (US dollars) a month per property. The first two months are free.
• There's no contract: FortySix is paid monthly, in advance. Each payment covers one month from your billing day, the day of the month you signed up (or the last day of the month, in a shorter month), and the next payment is due on the same day the following month.
• You can instead pay for a year in advance, at the discount shown when you pay.
• Direct bookings made through your FortySix booking page carry a booking fee of 6% of the original nights booked, not of extensions.
• Prices exclude VAT or other sales taxes, which are added where the law requires.
• Monthly fees aren't refunded for part of a month. For a yearly payment, see section 11.
• If a payment fails, we'll tell you and try again. If it's still unpaid 14 days after that notice, we may pause the account until it's paid; your data is kept. If it's still unpaid 60 days after the payment was due, we may end the agreement (section 11).
• We'll give you at least 60 days' notice of any price change. It applies from your first payment after the notice ends; a year already paid for keeps its price until it renews.

4. OTAs and the channel manager

FortySix sends your prices and availability to the OTAs you connect, and brings their bookings into FortySix, through our channel manager partner, Channex. Your contracts with each OTA (Hostelworld, Booking.com and others) stay between you and them: their commissions, rules, payments to you, and what they choose to sell are theirs.

You're responsible for checking that your rooms are matched to the right OTA rooms, and that the prices and availability your OTAs show are correct. You accept responsibility for overbookings, and FortySix isn't responsible for lost income or costs caused by wrong information reaching a channel.

We work to keep FortySix and the OTAs in step, but an OTA or the channel manager can be slow or unavailable. Check new bookings arrive as expected, and tell us about anything that looks wrong. We aren't responsible for an OTA's own decisions, or for bookings an OTA takes while a connection is switched off.

5. Payments from your guests

When your guests pay by card, through a card terminal or online, the payment is made to you, through your own account with the payment provider. FortySix isn't the merchant: it records the payment, it doesn't hold the money. FortySix isn't responsible for charges, refunds, chargebacks, no-shows or cancellations, or for the payment provider's own service; they're between you, your guest and the provider.

6. Your responsibilities

• Running your property lawfully: tourist and lodging taxes, invoices and tax receipts (for example CFDI in Mexico), guest registration where the law requires it, and the privacy notice you give your guests (FortySix provides a template).
• Keeping the records the law requires you to keep (for example for tax): export them from FortySix, including before the agreement ends.
• Checking the prices, availability and bookings in FortySix are right.
• Not using FortySix to break the law, to send spam, or to try to get into other properties' data or our systems.
• Treating our team with respect. Abusive or threatening behaviour towards FortySix's staff gets a written warning, then a final warning, and then we may end the agreement; in serious cases, straight away.

7. Your data, and ours

Your data stays yours. You can export it at any time from Account & Data.

For your guests' and staff's personal data, you are the controller and FortySix is your processor: our Data Processing Agreement forms part of these terms. How we use the data about your account and your staff as our own is in our privacy notice.

FortySix itself (the software, its design and everything we build) belongs to us; using it doesn't give you any rights in it beyond these terms. If you send us ideas or feedback, we may use them freely. We may use anonymous, combined figures (never identifying a property or a person) to improve FortySix.

8. Availability and support

We aim to keep FortySix running all the time, and we monitor it around the clock. We can't promise it will never be interrupted: we do maintenance, preferably at quiet hours where you are, and outside services we rely on can fail.

Support is by email at support@fortysix.app. We aim to answer within one working day, sooner for anything stopping your desk working.

9. Events beyond our control

Neither side is responsible for a failure or delay caused by something outside its reasonable control, such as a power or internet failure, a failure at a service provider we rely on, a natural disaster, war, or a government action. The side affected tells the other as soon as it can and does what it reasonably can to limit the effect.

10. Liability

• Nothing in these terms limits liability that the law doesn't allow to be limited, such as for fraud, or for death or personal injury caused by negligence.
• Neither side is liable for loss of profit, revenue, bookings or goodwill, or for indirect loss.
• Otherwise, our total liability under these terms is limited to [the fees you paid us in the 12 months before the claim].

11. Ending the agreement

• You can end it at any time (Account & Data, or email). Paying monthly, FortySix keeps working until the end of the month you've paid for, and there's nothing more to pay.
• Paid for a year: we refund half the fees for the remaining whole months, and FortySix keeps working until the end of the current month.
• We can end it with 30 days' notice, or straight away if you seriously break these terms, or if a payment is still unpaid 60 days after it was due.
• When it ends, your OTA connections are switched off. You have 90 days to export your data; after that it's deleted, except what the law requires us to keep.

12. Changes to these terms

If we change these terms, we'll tell you at least 30 days before. If you don't accept a change that affects you materially, you can end the agreement before it takes effect; if you've paid for a year, we refund the remaining whole months in full.

13. Law and language

[These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.]

If these terms are translated, the English version prevails where they differ. If a court finds part of them invalid, the rest still applies.