Page-post – Bookafy https://bookafy.com Online Appointment Scheduling Software Fri, 08 Sep 2023 20:04:36 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://bookafy.com/wp-content/uploads/2018/10/cropped-favicon-32x32.png Page-post – Bookafy https://bookafy.com 32 32 Thank you for Booking White Label https://bookafy.com/thank-you-for-booking-white-label/ Mon, 07 Aug 2023 22:30:01 +0000 https://bookafy.com/?p=334263 Thank you for booking! My name is Casey, I am the founder of Bookafy. Thank you for booking a call with me today. I am looking forward to speaking and […]

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Thank you for booking!

My name is Casey, I am the founder of Bookafy. Thank you for booking a call with me today. I am looking forward to speaking and to see what we can come up with together. 

If you need something from me sooner, please email casey@bookafy.com

Otherwise, I’ll look forward to chatting on Zoom! 

Casey


Click on the play button below to learn a little more about our story…

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]]> White Label Sign Up Complete https://bookafy.com/white-label-payment-confirmation/ Tue, 18 Jul 2023 18:53:39 +0000 https://bookafy.com/?p=333364 It’s Official, We are partners! We are looking forward to getting our partnership off to a great start.  The next step is to book a Partner Onboarding call…  At this […]

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It's Official, We are partners!

We are looking forward to getting our partnership off to a great start. 

The next step is to book a Partner Onboarding call… 

At this call we will set up your DNS records, point your URL, get your transactional email set up/verified and discuss next steps.

Please book a call below 🙂  

Book Your Onboarding Call

If you want to learn a little more about our story, click to play below!

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]]> DPA https://bookafy.com/dpa/ Thu, 23 Mar 2023 21:36:21 +0000 https://bookafy.com/?p=304743 Data Processing Addendum Bookafy LLC DPA Updated: January 2022 This Data Processing Addendum, including the Standard Contractual Clauses and UK Addendum referenced herein and Exhibits  A and B to this […]

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Data Processing Addendum

Bookafy LLC DPA

Updated: January 2022

This Data Processing Addendum, including the Standard Contractual Clauses and UK Addendum referenced herein and Exhibits  A and B to this addendum (“DPA”), is incorporated into any existing and currently valid Master Services Agreement or Terms of Use (the “Agreement”) either previously or concurrently made between you (together, with any subsidiaries and affiliated entities, collectively, “Customer”) and Bookafy LLC (together, with any subsidiaries and affiliated entities, collectively “Bookafy” or “Processor”) and sets forth additional terms that apply to the extent any information you provide to Bookafy pursuant to the Agreement includes Personal Data (as defined below). This DPA is effective as set forth in Bookafy’s Terms of Use.

 

1.0 Defined Terms. The following definitions are used in this DPA

1.1 “Authorized Personnel” means (a) Bookafy’s employees who have a need to know or otherwise access Personal Data for the purposes of performing applicable services; and (b) Bookafy’s contractors, agents, and auditors who have a need to know or otherwise access Personal Data to enable Bookafy to perform its obligations under the Agreement and this DPA, and who are bound in writing by confidentiality and other obligations sufficient to protect Personal Data in accordance with the terms and conditions of this DPA.

1.2 “CCPA” means the California Consumer Privacy Act California Consumer Privacy Act of 2018, Cal. Civ. Code § [1798.100 – 1798.199.100]).

1.3 “Data Protection Laws” means all applicable federal, state, and foreign data protection, privacy and data security laws, as well as applicable regulations and formal directives intended by their nature to have the force of law, including, without limitation, the EU Data Protection Laws, UK Data Protection Laws, and the CCPA but excluding, without limitation, consent decrees.

1.4 “EU Data Protection Laws” means GDPR together with any applicable implementing legislation or regulations of the European Union or Member State laws, as amended from time to time.

1.5 “GDPR” means General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.)

1.6 “Personal Data” means any information relating to an identified or identifiable natural person that is Processed by Bookafy on behalf of Customer in connection with providing the Services to Customer, when such data is protected as “personal data” or “personally identifiable information” or a similar term under Data Protection Law(s). 

1.7 “Process” or “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

1.8 “Security Breach” means a confirmed breach of Bookafy’s security measures leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. 

1.9 “Standard Contractual Clauses” of “SCCs” means the model clauses for the transfer of Personal Data to processors established in third countries approved by the European Commission, the approved version of which is set out in the European Commission ImplementingDecision (EU) 2021/914 of 4 June 2021 and at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=e.

1.10 “UK Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (the “SCCs” defined above) issued by the Commissioner under S119A(1) Data Protection Act 2018, Version B1.0, in force 21 March 2022 and available at https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf. 

1.11 “UK Data Protection Laws” means all laws relating to data protection, the Processing of Personal Data, privacy and/or electronic communications in force from time to time in the United Kingdom, including the United Kingdom GDPR and the Data Protection Act 2018.  

1.12 “UK GDPR” means the United Kingdom General Data Protection Regulation, as it forms part of the law of the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018.  

1.13 The terms “Processor”, “Controller”, and “Data Subject” shall have the meanings given to them under the GDPR. Any capitalized terms herein that are not defined in this DPA shall have the meanings associated with them in theAgreement, and are hereby adopted by reference in this Addendum.  

 

2.0 Processing and Transfer of Personal Data

2.1 Customer Obligations. Customer is the Controller of Personal Data and shall (a) determine the purpose and essential means of the Processing of Personal Data in accordance with the Agreement; (b) be responsible for the accuracy of Personal Data; and (c) comply with its obligations under Data Protection Laws, including, when applicable, ensuring Customer has a lawful basis to collect Personal Data, providing Data Subjects with any required notices, and/or obtaining the Data Subject’s consent to process the Personal Data.

2.2 Bookafy Obligations. Bookafy is the Processor of Personal Data and shall Process Personal Data on Customer’s behalf in accordance with Customer’s written instructions (unless waived in a written requirement) provided during the term of this DPA. The parties agree that the Agreement, including this DPA, together with Customer’s use of the Bookafy’s services in accordance with the Agreement, constitute Customer’s complete and final written instructions to Bookafy in relation to the Processing of Personal Data, and additional instructions outside the scope of these instructions shall require a prior written and mutually executed agreement between Customer and Bookafy. In the event Bookafy reasonably believes there is a conflict with any Data Protection Law and Customer’s instructions, Bookafy will inform Customer promptly and the parties shall cooperate in good faith to resolve the conflict and achieve the goals of such instruction.

2.3 Data Use. Except for the use of Personal Data as necessary to bring and defend claims, to comply with requirements of the legal process, to cooperate with regulatory authorities, and to exercise other similar permissible uses as expressly provided under Data Protection Laws, Bookafy shall not retain, use, sell, or disclose the Personal Data that is not de-identified or aggregated for analytics, for any purpose, including other commercial purposes, outside of the direct business relationship with Customer.

2.4 Location of Processing. The parties acknowledge and agree that Processing of Personal Data will occur in the United States and perhaps in other jurisdictions outside the residence of a Data Subject and Customer shall comply with all notice and consent requirements for such transfer and processing to the extent required by Data Protection Laws.

2.5 Return or Destruction of Data. Bookafy shall return or securely destroy Personal Data, in accordance with Customer’s instructions, upon Customer’s request or upon termination of Customer’s account(s) unless Personal Data must be retained to comply with applicable law.

 

3.0 EU and United Kingdom Data Protection Laws.

This Section 3 shall apply with respect to Processing of Personal Data when such
Processing is subject to the EU Data Protection Laws or UK Data Protection Laws.

3.1 Transfers of Personal Data. Customer acknowledges and agrees that Bookafy is located in the United States and that Customer’s provision of Personal Data from the European Economic Area or Switzerland (“EU”) or the United Kingdom to Bookafy for Processing is a transfer of Personal Data to the United States. All transfers of Customer Personal Data out of the EU (“EU Personal Data”) or the United Kingdom (“UK Personal Data”) to the United States shall be governed by the Standard Contractual Clauses, and the UK Addendum as applicable, as follows:

3.1.1 For such transfers of EU Personal Data, the terms of Module 2 of the SCCs for Controller to Processor transfers, together with Annexes set out in Exhibit A to this DPA, are incorporated in this DPA, and the parties agree that the following terms apply: (a)
Clause 7 shall not apply; (b) Option 2 of Clause 9(a) shall apply with a time period of 30 days in advance; (c) the optional language in Clause 11(a) shall not apply; (d) the governing law shall be that of Ireland in Clause 17; (e) disputes shall be resolved by the courts of Ireland in Clause 18; and (f) the annexes are completed in Exhibit A to this DPA.

3.1.2 For such transfers of UK Personal Data, Module 2 of the SCCs shall apply as set forth in subsection 3.1.1. above, and the UK Addendum as set out in Exhibit B to this DPA shall apply and is incorporated into this DPA.

3.2 GDPR Contractual Requirements. Bookafy shall: (a) assist Customer, to a reasonable extent, in complying with its obligations with respect to EU Personal Data pursuant to Articles 32 to 36 of GDPR; (b) maintain a record of all categories of Processing activities
carried out on behalf of Customer in accordance with Article 30(2) of the GDPR; and (c) cooperate, on request, with an EU supervisory authority regarding the performance of the Services under the Agreement.

3.3 Sub-processors. Customer grants a general authorization to Bookafy and its affiliates to appoint as sub-processors the entities set out in Exhibit A attached hereto, and for the 
sub-processing activities described thereon, as it may be updated from time to time.  

4.0 CCPA

This Section 4 shall apply with respect to Processing of Personal Data when such Processing is subject to the CCPA. Bookafy acts as Customer’s service provider with respect to such Processing. Bookafy shall Process such Personal Data only for the purpose of providing the services to Customer, and shall not sell such Personal Data. For purposes of this Section 4, the terms “service provider” and “sell” shall have the meanings given to them under the CCPA. 

 

5.0 Customer Representation and Warranty

Customer represents and warrants on behalf of itself and its employees that the Personal
Data provided to Bookafy for processing under the Agreement and this DPA is collected and/or validly obtained and utilized by Customer and its employees in compliance with all Data Protection Laws, including without limitation the disclosure, informed affirmative consent and targeted advertising provisions of the CCPA, UK GDPR, and EU Data Protection Laws, including without limitation Chapter II of the GDPR, and Customer shall defend, indemnify and hold harmless Bookafy from and against all loss, expense (including reasonable out-of-pocket attorneys’ fees and court costs), damage, or liability arising out of any claim arising out of a breach of this Section 5.

 

6.0 Data Protection

6.1 Data Security. Bookafy will utilize commercially reasonable efforts to protect the security, confidentiality, and the integrity of the Personal Data transferred to it using reasonable administrative, physical, and technical safeguards. Notwithstanding the generality of the foregoing, Bookafy shall: (a) employ reasonable administrative, physical, and technical safeguards (including commercially reasonable safeguards against worms, Trojan horses, and other disabling or damaging codes) to afford protection of the Personal Data in accordance with Data Protection Laws as would be appropriate based on the nature of the Personal Data; (b) utilize commercially reasonable efforts to keep the Personal Data reasonably secure and in an encrypted form, and use industry standard security practices and systems applicable to the use of Personal Data to prevent, and take prompt and proper remedial action against unauthorized access, copying, modification, storage, reproduction, display, or distribution of Personal Data; and (c) cease to retain documents containing Personal Data, or remove the means by which Personal Data can be associated with particular individuals reasonably promptly after it is reasonable to assume that (i) the specified purposes are no longer being served by Bookafy’s retention of Personal Data, and (ii) retention is no longer necessary for legal or business purposes.

6.2 Authorized Personnel; Sub-processors. Bookafy shall ensure that Authorized Personnel have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality with obligations at least as restrictive as those contained in this DPA. In addition, Bookafy is authorized to use sub-processors provided that Bookafy shall enter into an agreement with any such sub-processor containing data protection obligations that are at least as restrictive as the obligations under this DPA.

6.3 Security Breaches. After confirmation of a Security Breach, Bookafy will promptly: (a) notify Customer of the Security Breach; (b) investigate the Security Breach; (c) provide Customer with necessary details about the Security Breach as required by applicable law; and (d) take reasonable actions to prevent a recurrence of the Security Breach. Bookafy agrees to cooperate in Customer’s handling of the matter by: (a) providing reasonable assistance with Customer’s investigation; and (b) making available relevant records, logs, files, data reporting, and other materials related to the Security Breach’s effects on Customer, as required to comply with Data Protection Laws.

 

7.0 Data Subjects Request

Bookafy shall reasonably assist Customer with the fulfilment of Customer’s obligations to Data Subjects exercising rights afforded by Data Protection Laws, including Chapter III of GDPR. Bookafy will correct Personal Data as soon as reasonably practicable upon receiving a request from Customer to correct an error or omission in the Personal Data that is in Bookafy’s possession or under Bookafy’s control.

 

8.0 Audits

Within thirty (30) days of Customer’s written request, and no more than once annually and subject to the confidentiality obligations set forth in the Agreement, Bookafy shall make available to Customer (or a mutually agreed upon third-party auditor) information reasonably necessary to demonstrate Bookafy’s compliance with the obligations set forth in this DPA.

 

9.0 Miscellaneous

9.1 Conflict. In the event of any conflict or inconsistency between this DPA and Data Protection Laws, Data Protection Laws shall prevail. In the event of any conflict or inconsistency between the terms of this DPA and the terms of the Agreement, the terms of this DPA shall prevail solely to the extent that the subject matter concerns the Processing of Personal Data.

9.2 Amendments. This DPA shall not be modified except by a written instrument signed by the parties. To the extent that it is determined by any data protection authority that the Agreement or this DPA is insufficient to comply with Data Protection Laws or changes to Data Protection Laws, Customer and Bookafy agree to cooperate in good faith to amend the Agreement or this DPA or enter into further mutually agreeable data processing agreements in an effort to comply with all Data Protection Laws.

9.3 Liability. Each Party’s liability arising out of or related to this DPA, whether in contract, tort or under any other theory of liability, is subject to the limitations of liability contained in the Agreement. For the avoidance of doubt, each reference herein to the “DPA” means
this DPA including its exhibits and appendices.

9.4 Entire Agreement. This DPA is without prejudice to the rights and obligations of the parties under the Agreement which shall continue to have full force and effect. This DPA, together with the Agreement, is the final, complete and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matter.

 

Exhibit A: Standard Contractual Clauses

This Annex forms part of the Standard Contractual Clauses

Annex I

Data exporter
Data exporter is Customer.
Address: the Customer’s address set out in the Agreement.
Contact person’s name, position, and contact details: the Customer’s contact details as set out in the Agreement/order form. 

Activities relevant to the data transferred under these Clauses: activities necessary to provide the Services described in the Agreement. 

Signature and date: Customer is deemed to have signed this Annex I by accepting Bookafy’s Terms of Use. 

Data importer
The data importer is Bookafy.

Activities relevant to the data transferred under these Clauses: activities necessary to provide the Services described in the Agreement. 

Signature and date: Bookafy is deemed to have signed this Annex I by accepting Bookafy’s Terms of Use 

Categories of data subjects whose personal data is transferred

Data exporter may submit Personal Data to Bookafy, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects: (i) the data exporter’s end-users including employees, contractors, representatives, business partners, collaborators, and customers, and (ii) persons with whom data exporter is scheduling appointments through use of data importer’s Services which may include its representatives, business partners, collaborators, customers, and potential customers. 

Categories of personal data transferred

Data exporter may submit Personal Data to Bookafy, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to the following categories of Personal Data: (a) First and last name; (b) Title; (c) Position; (d) Employer; (e) Contact information (company, email, phone, physical business address); (f) Connection data; (g) Localisation data; and (h) other data in an electronic form used by Customer in the context of the Services.

Sensitive data transferred (if applicable)

None

The Frequency of the Transfer

 

Nature of the processing 

The processes may include collection, storage, retrieval, consultation, use, erasure or destruction, disclosure by transmission, dissemination, or otherwise making available data exporter’s data as necessary to provide the Services in accordance with the data exporter’s instructions, including related internal purposes (such as quality control, troubleshooting, product development, etc.).

 

Purpose(s) if the data transfer and further processing 

The objective of the processing of Personal Data by the data importer is the performance of the contractual services related to the Agreement with the data exporter.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period. 

Personal data is retained for so long as is reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims 

Competent Supervisory Authority

Identify the competent supervisory authority/ies in accordance with Clause 13 

Irish Data Protection Commission

Annex II: Technical And Organisational Measures Including Technical And Organisational Measures To Ensure The Security Of The Data

Processor will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of personal data transferred to Processor as described in this DPA and at the following link: https://bookafy.com/security. 

Annex III: Processor’s Sub-Processors

By entering into this DPA, the Customer  has authorized the use of the listed Sub-processors found here: Bookafy Sub-processors 

 

Exhibit B: UK Addendum

Standard Data Protection Clauses to be issued by the Commissioner under S119A(1) Data Protection Act 2018  

International Data Transfer Addendum to the EU Commission Standard Contractual Clauses  


Company and Contact Information

  1. Company Name: Bookafy LLC
  2. Incorporated in: United States, Wyoming
  3. Contact Address: 1416 NW 46th St Suite 301 Seattle, WA 98107
  4. Email: info@bookafy.com

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]]> Industries https://bookafy.com/industries/ Tue, 21 Mar 2023 18:45:20 +0000 https://bookafy.com/?p=287011 Choose your industry

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Choose your industry

Industries | Bookafy

Elevating Customer Experience: The AI Revolution In Booking Automation

Got a brilliant SaaS product idea? You’re already on the path to creating a potentially ground-breaking solution! But what’s next? In this blog post, we’ll guide you through the essential steps of transforming your SaaS product idea into a reality. So, fasten your seat belts as we navigate the exciting journey of SaaS product development together!

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Top 8 SaaS Security Practices In 2024

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]]> Calendar Syncing Integrations https://bookafy.com/calendar-syncing-integrations/ Sun, 12 Mar 2023 22:10:06 +0000 https://bookafy.com/?p=72865 Calendar Syncing Integrations with Bookafy Bookafy Integrates with Outlook.com, Office365, Microsoft Exchange, Icloud, Google and ICS Categories

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Calendar Syncing Integrations with Bookafy

Bookafy Integrates with Outlook.com, Office365, Microsoft Exchange, Icloud, Google and ICS

Categories
Calendar Syncing Integrations | Bookafy

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]]> SaaS Deals for Startups Appointment Booking https://bookafy.com/saas-deals-for-startups-appointment-booking/ Sun, 05 Mar 2023 07:44:46 +0000 https://bookafy.com/?page_id=71899 25% discount for Startups We love to partner with startups! Are you a Startup? We would love to partner with your Startup to build a pricing plan on what you […]

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25% discount for Startups

We love to partner with startups!

Are you a Startup?

We would love to partner with your Startup to build a pricing plan on what you can afford. Whether you are bootstrapped or funded, we will work with a plan to cover your needs!

Save 25% on Monthly or Yearly plan costs, and a designated account representative!

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]]> Blog – Bookafy Startup SaaS https://bookafy.com/blog/ Wed, 01 Feb 2023 01:29:39 +0000 https://bookafy.com/?page_id=24839 The post Blog – Bookafy Startup SaaS appeared first on Bookafy.

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]]> Service Level Agreement https://bookafy.com/service-level-agreement/ Sat, 28 Jan 2023 17:52:37 +0000 https://bookafy.com/?page_id=42032 Service Level Agreement This Bookafy Software Service Level Agreement (“SLA”) between Bookafy Software, Inc. (“Bookafy Software”, “us” or “we”) and users of the Bookafy Software Services (“you”) governs the use of the Bookafy […]

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Service Level Agreement

This Bookafy Software Service Level Agreement (“SLA”) between Bookafy Software, Inc. (“Bookafy Software”, “us” or “we”) and users of the Bookafy Software Services (“you”) governs the use of the Bookafy Software Services under the provisions of the Bookafy Software Services Agreement (the “Terms”).

This SLA applies only to the online Bookafy software and does not apply to any professional services or services provided through Bookafy by a third party.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

1. Service Commitment: 99.95% Uptime

Bookafy Software will use commercially reasonable efforts to make the Bookafy Software Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Bookafy Software SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive Service Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21 minutes 55 seconds /month of Unavailability.

2. Definitions

“SaaS” means Software as a Service delivered over the internet rendered on your local internet connected device through a supported browser

“Hosted Infrastructure” means the physical servers and network devices within our immediate control. This excludes your internet connected devices, network, your Internet Service Provider and any third party Internet Service Providers or Content Delivery Networks

“Bookafy Software Services” mean the Bookafy SaaS Software in a SaaS Hosted Environment.

“Maintenance” means scheduled Unavailability of the Bookafy Software Services, as announced by us prior to the Bookafy Software Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Bookafy Software Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Bookafy Software SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” means when the Bookafy Software Services has unplanned access to Bookafy Software Services which prevents you from logging into Bookafy as a result of Hosted Infrastructure failure or the Bookafy Software Services software failure.

“Third Party” is any entity that is not Bookafy, or any Bookafy vendor or partner that is not under direct control of Bookafy. For example, but not exclusive to, Bookafy Resellers, Merchant Processing Partners, Payment Gateways, Content Delivery Network Providers, Internet Service Providers, Hardware Manufacturers, Government Agencies.

3. Method of Monitoring

We measure availability based on your ability to login to Bookafy. We operate a synthetic login test that will login to Bookafy every 5 minutes. This test is executed from outside of Bookafy’s network to emulate the customer experience as best as possible. In the event of four consecutive failures of that test, Bookafy will classify that as a possible Unavailability event. The official measurement for SLA credits is based off of this test.

4. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:

  • If Availability falls below 99.95% in any given calendar month, you will receive a 5% credit for each 15 minute period with a maximum of one full month service credit

We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Bookafy Software. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

5. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Bookafy Software Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

6. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing Bookafy.support@bookafy.com. To be eligible, the credit request must be received by us within 30 days of any Unavailability event:

  • the words “SLA Credit Request” in the subject line;
  • the dates and times of each Unavailability incident that you are claiming;
  • your account name and location ID(s)
  • logs that document the errors and corroborate your claimed outage

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

7. Bookafy Software SLA Eligibility

To receive any SLA credit, your account must be in good standing and cannot be past due with us. You must also complete your onboarding process and actively be using Bookafy for your business. We consider you as “actively using Bookafy” when your account is designated as ‘live’ by us, after your onboarding is complete, within your instance of the Bookafy platform.

8. Bookafy Software SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Bookafy Software Services, or any other Bookafy Software Service performance issues:

  1. That result from a suspension as described in the Terms;
  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Bookafy Software network;
  3. That result from any actions or inactions of you or any third party;
  4. That result from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  5. That result from failures of Bookafy Software Services not attributable to Unavailability; or
  6. That result from any announced planned or emergency maintenance, and any unavailability that occurs during an announced maintenance window.
  7. Other areas of Bookafy outside of your ability to login and access the Bookafy software, this includes, but is not limited to, reports, dashboards, third party integrations, hardware integrations, your own custom integrations via Bookafy’s API, marketing integrations, SMS integrations and delivery, and email integrations and delivery.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

 

 

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]]> Terms of Service – Affiliate and Resellers https://bookafy.com/terms-of-service-affiliate-and-resellers/ Wed, 25 Jan 2023 17:39:26 +0000 https://bookafy.com/?p=270201 Terms of Service – Affiliate and Resellers The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Bookafy (we, us, our) […]

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Affiliate and Resellers

The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Bookafy (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Bookafy services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.

1. PARTICIPATION IN THE AFFILIATE PROGRAM

To join Bookafy affiliate program;

Step # 1: First, log in to Bookafy Platform with your credentials. To join our affiliate program, click on the partners link in footer or menu from the top menu bar and then select Affiliate Program.

Step # 2: Fill out the form to complete your affiliate profile and click CREATE YOUR AFFILIATE PROFILE on partnerstack.

Step # 3: Once your affiliate profile is created, you will be able to access your Affiliate Panel by clicking on ACCESS YOUR AFFILIATE PANEL at the top of the page. For any changes to your affiliate profile, click SAVE CHANGES at the bottom of the page.

2. YOUR RESPONSIBILITIES

As a Bookafy Affiliate, you agree that:

  • You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Bookafy will be promoted, promotional practices and means, payment details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Bookafy and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
  • You should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for fraud risk, have active accounts as per the Bookafy Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on the following: The referred customer has maintained an active account with a running server on the Bookafy platform and that the user has not canceled the account subscription or churned out.
  • You should not take action or make recommendations to your referrals that result in a potential revenue loss for Bookafy .
  • You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
  • You should not use on behalf of your referrals or encourage your referrals to use on their Bookafy accounts any copyrighted or third-party material without the proper licenses.
  • You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Bookafy Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
  • You should not engage in any SEO/spam link building techniques in order to generate more referrals for Bookafy .
  • You agree not to violate any applicable law.
  • You should be loyal to Bookafy and should not misuse its confidence and shall not damage its reputation.
  • You are required to disclose the affiliate relationship with Bookafy on your website.

If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

3. AFFILIATE ADVERTISING

When advertising our services, you should use only promotional materials approved by Bookafy . Approved materials are only those we provide in your Affiliate Area or the ones that a Bookafy representative approves in writing. Approved materials may contain the Bookafy trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Bookafy . By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your affiliate account, the limited, non-exclusive license to access and download promotional materials of Bookafy shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

  • Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
  • Bidding on keywords and phrases containing the “Bookafy” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Bookafy Website(s) as display URL in PPC ads and to direct-link or redirect to the Bookafy Website(s) without our prior approval;
  • Using non-unique copyright infringing content to promote Bookafy;
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
  • Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
  • Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
  • Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
  • Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
  • Using link cloaking or masking techniques or technology with the goal to promote Bookafy on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
  • Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
  • Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Bookafy” trademark or any other variations or misspellings confusingly similar to Bookafy trademark, name, logo or domain name, without our prior approval;
  • Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.

Bookafy shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

4. AFFILIATE TRACKING COOKIES

We track affiliate sales automatically through the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 90 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Bookafy is not responsible for cookies intentionally deleted by users.

5. AFFILIATE COMMISSIONS

We shall pay you a per-sale commission for any valid sale you refer to Bookafy . For a valid sale ALL of the following are true:

  • The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
    • At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Bookafy name;
    • You claim that you have referred a customer no later than 45 days from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
  • Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
  • The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
  • The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
  • The sale is for any of our web hosting plans. Sales for other services or additional account features do not qualify for commissions.
  • The referred customer has maintained an active account with a running server on our platform and that the user has not canceled the account subscription or churned out.
  • Sales of hosting accounts that are canceled by the customer or suspended by Bookafy for any reason do not qualify for an affiliate commission.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

6. COMMISSION PAYMENTS

Bookafy shall pay all affiliate commissions based on the structure and in the US dollar currency unless a custom agreement exists in writing. The sale gets approved when the referred client has paid a minimum of 2 full invoices. When this happens, the status of your Sale commission changes from pending to approved in the affiliate panel. We shall pay:

– To affiliate before the 10th of each month through PayPal once their affiliate earnings reach $250 (approved commission) criteria.

– To affiliate before the 10th of each month through wire transfer once their affiliate earnings reach $1,000 (approved commission) criteria.

– In case affiliate is a paying customer at Bookafy , in that case, they can add commissions to Bookafy funds also. The minimum requirement for funds transfer is $100 approved commission. This is processed along with payouts.

We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

You are solely responsible for keeping all your information up to date including postal and email addresses, names, payment information and any other personal information that will impact our ability to process a commission payout.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

7. INVOICING

We shall provide you with a statement of commissions due in your Affiliate Area.

The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Bookafy that shall continue until termination of your Affiliate account.

8. RELATIONSHIP OF THE PARTIES

Both Bookafy and the Affiliate agree that they enter into this Agreement as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of Bookafy. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

9. ACCOUNT TERMINATION

You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area. We will send you written confirmation that your account has been terminated.

Bookafy can terminate an affiliate account:

  • With a seven-day prior notice without explanation.
  • Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

10. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

  • With a seven-day prior notice without explanation.
  • Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

11. GOVERNING LAW

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction of Malta.

12. CHANGES TO THE AFFILIATE PROGRAM TERMS

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Bookafy . The current T&C is always available on the Bookafy website. Only a Bookafy officer may alter this T&C. No agent of, or person employed by or under contract with, Bookafy has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

Company and Contact Information

  1. Company Name: Bookafy LLC
  2. Incorporated in: United States, Wyoming
  3. Contact Address: 1416 NW 46th St Suite 301 Seattle, WA 98107
  4. Email: info@bookafy.com

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]]> Book a call with Casey, CEO of Bookafy https://bookafy.com/call_with_casey/ Thu, 19 Jan 2023 06:05:04 +0000 https://bookafy.com/?page_id=23344 casey sullivan, ceo of bookafy Schedule a Call

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casey sullivan, ceo of bookafy

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