STEP 1: TERMS AND CONDITIONS
Last updated September 7, 2020
This agreement sets out the terms and conditions of the agreement between SOMBRIO VENTURES INC., the owner and operator of fishlodges.com (”Sombrio”) and you (the “Operator”) with respect to the Sombrio’s advertising service.
fishlodges.com is an electronic advertising marketplace website (“Website”) owned and operated by Sombrio, dedicated to fishing vacations. On the Website a visitor can view information from multiple fishing lodges or resorts, search for the lodge or resort that matches the visitor’s criteria, and contact the lodge or resort.
2. How We Advertise Your Fishing Lodge
Sombrio will advertise the Operator’s vacation property and packages on the Website, permitting visitors to find the property by searching and browsing through all listings. Website visitors are able to browse via a map-based view and filter by specific criteria. A full set of details is available on a page that is unique to the Operator—this is the Operator’s “Lodge Page”.
A Lodge Page will be created based on the combination of information that Sombrio staff has researched and information that the Operator provides. The Operator will be asked to verify the accuracy of this information prior to this information being published on fishlodges.com publicly.
3. Content Provided by Operator
By approving the Lodge Page which we will create for your property, you grant Sombrio a non-exclusive, transferable, sub-licenseable, world-wide, royalty-free license for the maximum amount of time permitted by applicable law to host, store, copy, publish, distribute, provide access to and otherwise use the information contained in your Lodge Page. This includes using all Lodge Page images to advertise our services and your business, using the data contained in the Lodge Page as search results and integrating that data into the Website as Sombrio deems appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This license continues for as long as your Lodge Page is hosted on the Website. Except for the rights granted in this Agreement, Sombrio acquires no title or ownership rights in or to any Lodge Page content.
Sombrio will extract publicly-available information found on the Internet (from your website, social media accounts, etc.) in order to build your website. You may also provide additional content to build the Lodge Page.
4. Premium Listing Plans
You may be enrolled in either the Pay-Per-Click plan, Subscription plan or the Commission plan. To switch from one plan to the other, contact us at firstname.lastname@example.org. If switching from a Subscription Plan to a different plan, all terms and conditions under section 5 (“Termination”) will apply.
All fees are charged in US Dollars (USD). Customers may also be charged additional credit card fees for currency conversion from non-USD currencies to USD by their bank.
4.1 PAY-PER-CLICK Fees (This applies only if you selected the pay-per-click Plan)
You will be required to register a valid credit card, which will be used for billing incurred Pay-Per-Click charges every month. You will be charged for all recorded clicks of lead-generating functions performed by all site visitors pertaining to your lodge page(s) (“lead actions”). These lead actions are:
- Submitting an inquiry (click is registered when user clicks “Send” button of the inquiry form). This lead action can occur on your Lodge page, the Search page, and any other page where your Lodge is featured (for example the Explore region pages).
- Visiting your own website (click is registered when user clicks “Website” button)
- Starting the composition of an email message to your designated lodge email address (click is registered when user clicks “Email” button)
- Displaying your lodge’s designated phone number (click is registered when user clicks “Phone” button)
- Visiting your lodge’s designated Facebook page (click is registered when user clicks “Facebook Page” button)
All lead actions are recorded automatically using Google Analytics. You may inspect the accumulated lead actions that have been recorded at any time using the Performance Reports page (requires logging in to your Website account).
Each month during the first week of the month you will be charged US$3.88 for every lead action that has been recorded since the last time you were charged, to a maximum of US$50.00 each month.
If no lead actions have occurred in the month, you will not be charged.
4.2. Subscriptions (This applies to you only if you selected the Premium Subscription plan)
Your subscription for the fishlodges.com Premium Listing will start when Sombrio confirms your payment and will continue for a period of one year.
At the end of the subscription period, you will automatically be signed up and billed for an additional subscription term of the same length. If you do not wish your subscription to automatically renew, you may cancel your subscription prior to the end of your current subscription term. Your subscription will continue in effect unless and until you cancel your subscription or your subscription is otherwise terminated or suspended.
You can manage your subscription at any time using our subscription management portal.
4.3. Commissions (This applies to you only if you selected the Commission Plan)
4.3.1 Reservation Fee
Sombrio will broker sales of fishing packages for all lodges who have registered for a commission plan. When brokering these sales, Sombrio will collect a “reservation fee” equal to 10% of the total cost of the fishing trip package cost, inclusive of applicable taxes (“Total Trip Cost”) for all guests that are being booked. Sombrio will provide confirmation of the collection of the this fee along with the dates that the customer has selected for the trip. Operator can then accept the booking or reject the booking. If the booking is accepted, the customer is directed to provide the remainder of the Operator’s normal booking deposit to the Operator in order to confirm the booking. The remaining Total Trip Cost balance due will be paid directly to Operator according to Operator’s terms. Sombrio will retain the 10% reservation fee as commission payment (“Commission”) for brokering the sale of the Total Trip Cost. Sombrio shall be entitled to provide incentives and give a discount on the sale price—at its own costs—up to the level of the Commission. Any such incentives will not affect the payments customer makes to Operator for the balance of the Total Trip Cost.
4.3.2 Cancellations and Refunds
If the booking is rejected by Operator, the 10% reservation fee is returned to the customer and the booking becomes null and void. If the booking becomes cancelled before or after the customer pays the remainder of the booking deposit, and Operator’s terms state that the deposit will be refunded, Operator will inform Sombrio of this after refunding the customer the balance of the booking deposit, at which point Sombrio will then refund the customer the reservation fee collected. If the booking is cancelled but Operator’s terms state that the deposit will not be refunded, then Sombrio will also not refund the collected reservation fee.
4.3.3 Customer Expectations
The total amount collected from the customer by Operator shall not exceed 90% of the Total Trip Cost, exclusive of any amounts paid by the customer after the start of the trip for items not included in the purchased package (such as add-ons, gratuities, extra services, etc.) The Total Trip Cost (including the 10% reservation fee paid to Sombrio and 90% balance paid to Operator) will be based on the advertised price present on Operator’s Lodge Details Page at the time of booking. Operator assumes responsibility of maintaining the accuracy of these advertised prices (they can be edited by the operator through an administrative portal).
4.3.4 Lodge Pricing Packages
Operator agrees not to advertise in any medium (including the Operator’s website, social media, email campaigns, etc.) any pricing lower than what is advertised on the Operator’s Lodge Page. Operator also agrees not to advertise any fishing packages in any medium that are different than those offered on the Operator’s Lodge Page.
4.3.5 Lodge Eligibility
Sombrio reserves the right to reject Operator’s business as eligible for the Commission Plan at any time. If you are rejected, you will be offered the chance to switch to a Pay-per-Click, Subscription or Free plan.
You have the right to cancel your pay-per-click, subscription or commission plan without fee or penalty at any time.
5.1 Cancelling a Pay-Per-Click or Commission Plan
If cancelling a pay-per-click or commission plan (and not switching to another Premium plan), your lodge page will immediately revert to the “Free plan” status, which continues to advertise your business but limits lead-generation features. Upon cancellation of a Pay-Per-Click plan, all charges for services that have been incurred to that point will be due immediately and charged to the credit card on file.
5.2 Cancelling a Subscription Plan
If you cancel your subscription, cancellation will be effective at the end of the current subscription term. This will prevent your account from automatically renewing next payment cycle. After cancellation, your information will still appear on our site and all lead generation features will still be provided for the remainder of that term. After the term has expired, your Lodge page will revert to the “Free plan” status, which continues to advertise your business but limits lead-generation features. You will not receive a refund if the subscription is cancelled before the end of the current subscription term.
You may cancel your subscription under this Agreement in one of three ways: 1) by logging into your Website account and using the using the Subscription and Account page to modify your subscription 2) by sending a written notice to Sombrio via the contact form on the About Us page, 3) emailing us at email@example.com.
The effective date of such termination will be the end of the current subscription term. You shall not be entitled to any refund as a result of the termination of your subscription.
6. Disclaimer of Warranties
The Operator shall use the services of the Website at its own sole risk. Sombrio does not warrant that the Service or Website: a) will meet the Operator’s requirements; b) will not be interrupted; c) will be error-free; d) will meet any quality standards or expectations of the Operator.
7. Limitation of Liability
In no event shall Sombrio, its directors, officers, shareholders, employees, members or agents be liable with respect to the Website or Services for (a) any direct, indirect, special, incidental, punitive, or consequential damages of any kind whatsoever, (b) damages for loss of use of the Website or Services or profits, (c) damages for non-performance of the Website or Services, or errors or omissions relating to the Website or Service.
Each party shall indemnify, defend, and hold the other party harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, legal fees, accounting fees, and investigation costs to the extent permitted by law) arising out of or relating to any operations, acts, or omissions of the indemnifying party or any of its employees, agents, and invitees in the exercise of the indemnifying party’s rights or the performance or observance of the indemnifying party’s obligations under this agreement. Prompt notice must be given of any claim, and the party who is providing the indemnification will have control of any defense or settlement.
9. Relationship of the Parties
Nothing in this Agreement shall be construed as constituting either party as the agent, employee or representative of the other party, or creating a partnership or as imposing upon either party any partnership duty, obligation or liability to the other party.
This Agreement enures to the benefit of the parties and their respective successors, assigns and permitted assigns, as the case may be.
If any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity shall not affect the validity of the remaining provisions of the agreement.
12. Governing Law
This Agreement shall be governed by the laws in force in the Province of British Columbia, and the courts of the Province of British Columbia shall have exclusive jurisdiction with respect to any dispute, matter or thing arising herefrom.