Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, and using HMS, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must discontinue use immediately.

We reserve the right to modify these terms at any time. Changes become effective immediately upon posting. Your continued use constitutes acceptance of modifications.

2. Eligibility and Account Registration

Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into contracts. By using HMS, you represent that you meet these requirements.

Account Information

You agree to provide accurate, current, and complete account information. You are responsible for maintaining confidentiality of your login credentials and are liable for all activities under your account.

Account Termination

HMS reserves the right to terminate accounts that violate these terms or engage in unauthorized use.

3. Service Description and Changes

HMS provides Hotel & Restaurant Management System software, including:

• Room management and booking functionality
• Guest management capabilities
• Restaurant order management
• Billing and reporting tools
• Customer support services

HMS reserves the right to modify, suspend, or discontinue services with reasonable notice. Service modifications will not retroactively affect existing paid subscriptions during the subscription period.

4. Payment Terms

Pricing and Billing

• All prices are in Indian Rupees (INR) unless otherwise stated
• Billing occurs on the date specified in your subscription agreement
• Monthly subscriptions are billed on a recurring basis
• Taxes and applicable fees are added to billing amounts

Payment Methods

HMS accepts all major credit/debit cards, UPI, net banking, and digital wallets. Payment information is processed securely through PCI-DSS compliant payment gateways.

Failed Payments

If payment fails, HMS will attempt retry. Repeated payment failures may result in service suspension or termination.

Refund Policy

Monthly subscriptions: No refunds for unused portions. Annual subscriptions: Refund available within 7 days of purchase if no significant usage occurs. Service fees for custom implementation are non-refundable.

5. Subscription and Cancellation

Subscription Plans

HMS offers tiered subscription plans: Starter, Professional, and Enterprise. Plan features are described on our website and pricing page.

Cancellation

You may cancel anytime with 7 days written notice. Cancellation does not entitle refund for the current billing period. Service terminates at the end of the current billing cycle.

Auto-Renewal

Subscriptions automatically renew unless cancelled. Cancellation must be submitted before renewal date to avoid charges.

6. User Responsibilities

You agree to:

• Use HMS lawfully and in accordance with these terms
• Not engage in harassment, abuse, or threatening behavior
• Not upload malicious code, viruses, or harmful content
• Not attempt unauthorized access or hack HMS systems
• Not reverse-engineer or attempt to extract source code
• Not use HMS for illegal activities or fraud
• Comply with all applicable laws and regulations
• Not interfere with HMS operations or security
• Maintain confidentiality of sensitive business data
• Report security vulnerabilities responsibly

7. Intellectual Property Rights

HMS Content

All HMS software, code, design, graphics, and documentation are proprietary and protected by copyright and intellectual property laws. You receive a limited, non-exclusive license to use HMS for your business purposes.

Your Content

You retain ownership of data you upload (room details, bookings, guest information). By using HMS, you grant us rights to process this data to provide services, including backup, analytics, and improvements.

Restrictions

You may not copy, modify, distribute, or create derivative works of HMS without explicit written permission.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• HMS is provided "AS IS" without warranties of any kind
• HMS disclaims implied warranties of merchantability and fitness
• HMS is not liable for indirect, incidental, or consequential damages
• Total liability is limited to amounts you paid in the last 12 months
• HMS is not liable for data loss, business interruption, or lost profits

9. Indemnification

You agree to indemnify and hold harmless HMS, its owners, officers, and employees from any claims, damages, or costs arising from:

• Your violation of these terms
• Your use of HMS services
• Intellectual property infringement claims related to your content
• Your negligence or intentional misconduct

10. Data Security and Backup

HMS implements reasonable security measures. However, no system is completely secure. You are responsible for:

• Maintaining secure access credentials
• Creating regular backups of critical data
• Ensuring compliance with data protection regulations

HMS provides daily automated backups but is not liable for data loss due to user error or force majeure events.

11. Service Level Agreement

HMS aims for 99.9% uptime. Planned maintenance windows (notified in advance) are excluded from SLA calculations. Scheduled maintenance occurs during off-peak hours. Emergency maintenance may occur without notice.

12. Third-Party Services and Integrations

HMS may integrate with third-party payment processors, email services, and analytics providers. Use of third-party services is subject to their terms. HMS is not responsible for third-party service interruptions or data practices.

13. Governing Law and Dispute Resolution

Jurisdiction

These terms are governed by the laws of India. Exclusive jurisdiction for disputes lies in the courts of Rewari, India.

Dispute Resolution

Before legal action, parties agree to attempt resolution through good-faith negotiation and, if needed, mediation. Only after failed resolution may parties pursue litigation.

14. Force Majeure

HMS is not liable for failures or delays caused by events beyond reasonable control, including natural disasters, war, terrorism, pandemics, or government actions. Force majeure events suspend obligations for reasonable periods.

15. Severability

If any provision of these terms is found invalid or unenforceable, that provision is modified to the minimum extent necessary, or removed. Remaining provisions remain in full effect.

16. Entire Agreement

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement regarding HMS services and supersede all prior agreements or communications.

17. Contact Information

For questions regarding these terms:

• Email: legal@hms.com
• Address: Hotel Management Systems, Rewari, India
• Support: support@hms.com