The Agreement
The Supplier agrees to provide airport transfers, guided tours, workshops (“Product(s)”) that Connecting Jamaica may market and distribute through online and offline marketing for purchase (i.e., Booking) by end customers (“Customers”).
Connecting Jamaica and Supplier agree to be bound by the terms and conditions set forth below.
Term; Termination
This Agreement takes effect on the date on which Supplier accepts it (the “Effective Date”) and remains in effect until terminated (the “Term”).
Connecting Jamaica may elect to immediately take any one or more of the following steps:
(i) deactivating Supplier’s Connecting Jamaica account;
(ii) removing any or all of Supplier’s Product listings
Payment Terms
Upon request, 24 hours after the Booking has been completed, Connecting Jamaica will pay Supplier a “Supplier Remittance” in an amount equal to the sum of each Product purchased and delivered by Supplier to Customers, less any adjustments, payment transfer fees, commission, including for cancellations or refunds provided to Customers
Connecting Jamaica will make payment by Electronic Funds Transfer (EFT) within twenty-four (24) hours of the request
Connecting Jamaica will pay by EFT into the Supplier bank account provided by Supplier
If Supplier fails to provide, maintain or update the bank account details required by Connecting Jamaica, Connecting Jamaica reserves the right to withhold payment until such time as this information has been provided
Supplier will notify Connecting Jamaica of any billing discrepancies by email within five (5) days after the date on which the Product was provided by Supplier to the Customer or five (5) days after receipt of remittance advice, whichever is later
After such period, adjustments for billing discrepancies will be made in Connecting Jamaica’s sole discretion.
Rates, Fees, Payments
Supplier shall be solely responsible for the payment of all applicable taxes and payment transfer fess including without limitation applicable to the sale of the Product
Connecting Jamaica also reserves the right to terminate this Agreement in the event that an excessive number of payments are the subject of a chargeback or other payment reversal for any reason and, in such circumstances, Connecting Jamaica may withhold all outstanding payments to Supplier.
Supplier is liable for Customer chargebacks, not Connecting Jamaica.
Connecting Jamaica may apply any or all withheld funds towards the costs incurred as a result of Supplier’s fraudulent activity and/or excessive chargebacks without prejudice to any other rights
Products; Availability
Supplier will ensure that all Products that Connecting Jamaica markets and distributes are available for Customers to book
If Supplier either
(a) changes any element of a Product or
(b) cancel a Product or no longer makes a Product available to a Customer, in each case after a Customer has booked the Product but before the Customer has started to receive the Product;
The Supplier will offer the Customer an alternative Product of the same or higher quality as the Product originally booked and/or otherwise accommodate the Customer to the Customer’s reasonable satisfaction.
If the Customer cannot be accommodated to their reasonable satisfaction, Supplier agrees that the Customer may cancel its booking and Connecting Jamaica may process a refund(s) for that Customer.
If Supplier is or expects to be late in arriving at the agreed start time of the Product purchased, Supplier must immediately notify the affected Customer(s)
Supplier will notify Connecting Jamaica of any changes (e.g., changes to itineraries or timings), cancellations (e.g., tour cancellations, sold-out dates) and any other updates with respect to Products at least two (2) months in advance.
If such advance notice is not possible, Supplier will notify Connecting Jamaica immediately upon becoming aware of such changes, cancellations or updates.
If Supplier does not notify Connecting Jamaica in advance of such changes, cancellations and updates and Connecting Jamaica refunds Customers for the applicable Products as a result of the changes, cancellations or updates, Supplier agrees to compensate Connecting Jamaica for all amounts forfeited by Connecting Jamaica and pay reasonable amounts for Connecting Jamaica’s efforts.
Confirming a Booking
Once a Product has been purchased, you will receive a notification email.
Supplier will need to confirm acceptance of the Booking within 60 minutes.
We suggest adding ConnectingJamaica.com to your Safe Senders list to make sure you receive all our emails.
If you don’t receive our emails, check your spam / junk folder.
Access your Bookings
You can view your Booking(s) anytime through your Connecting Jamaica dashboard.
Tip
No matter how you choose to view your Booking, we suggest you plan in advance:
If you do not expect to have Wi-Fi or internet access during your trip, it is a good idea to write the details down before you leave.
Cancellation Policy
Connecting Jamaica offers its customers a full refund if they cancel at least 24 hours in advance.
As a supplier, you can’t impose a more restrictive cancellation policy on Connecting Jamaica customers.
Customer Cancellations
Supplier will not directly accept Customer cancellations for Products purchased
If Supplier receives a direct request to cancel from a Customer, Supplier shall inform the Customer that cancellation can only be effected through Connecting Jamaica
Connecting Jamaica has no obligation to provide refunds to Customers who do not contact Connecting Jamaica to cancel within the applicable cancellation time period
Customer Contact; Customer Service
After a Customer has purchased a Product, Supplier will not, without permission given by such Customer directly, contact such Customer for purposes of marketing or selling tours, activities or other travel-related destination services and/or products to such Customer or for any other purpose other than to fulfil the Product purchased or to answer a Customer complaint.
Complaints
Supplier will ensure a smooth customer service process, including answering any Customer complaints in writing (e.g. by email or an interface made available by Connecting Jamaica) within 72 hours after complaint
Connecting Jamaica may also respond to Customer complaints, including by contacting Customers directly in the course of attempting to resolve the complaint and/or providing compensation to Customers (which Connecting Jamaica reserves the right to do in its sole discretion)
If Connecting Jamaica provides compensation to a Customer in connection with a Customer complaint, Supplier will not be paid the booking(s)
Content Licenses
Supplier hereby grants and agrees to grant to Connecting Jamaica the nonexclusive, perpetual, irrevocable, transferable worldwide right in its sole discretion to reproduce, modify, reformat, create derivative works based upon, publicly display and perform, and otherwise use any and all text, images, videos, and other content and materials provided by or on behalf of Supplier, whether directly or indirectly
(i) to advertise, market, promote destinations and activities, and distribute Products
(ii) Supplier grants to Connecting Jamaica the right to use and display Supplier’s and its Products’ names, logos, marks and trademarks and to display any third party names, logos, marks and trademarks used by Supplier with respect to the Products in each case for the purposes of advertising the availability of the Products and marketing and promoting the Products
(iii) Supplier owns, or has rights sufficient to grant the rights granted to Connecting Jamaica in this Agreement with respect to, all Supplier Content provided to Connecting Jamaica,
(iv) Supplier Content will be accurate and complete and will not be misleading or fraudulent
(v) Supplier Content (and Connecting Jamaica’s exercise of its rights with respect to Supplier Content) does not and will not infringe, violate or misappropriate any third party’s proprietary or intellectual property rights, including without limitation any copyright rights or trademark rights or rights of privacy or publicity.
Content Guidelines
Connecting Jamaica reserves the right to remove and/or restrict without notice any reviews, comments or other content (including Supplier Content) where Connecting Jamaica believes in good faith that such content breaches this Agreement or otherwise believes the removal and/or restriction is reasonably necessary to safeguard the rights of Connecting Jamaica and/or other users of Connecting Jamaica’s services
Restriction and/or Suspension of your Account
Any use of the Connecting Jamaica website and other services in violation of the terms of this Agreement and may result in, among other things, termination or suspension of your Connecting Jamaica account.
Supplier represents, warrants and covenants that:
Supplier has and maintains all registrations, licenses, permits, approvals, and authorizations applicable to Supplier’s operations and the provision of Supplier’s Products;
Supplier’s activities, operations, products and services (and Supplier’s provision of the foregoing, including without limitation in connection with providing Products to Customers) are operated and provided in good faith and in accordance with standards consistent with best practices in the tours and activities industry and, if appropriate or recommended based on the nature of Supplier’s Products, Supplier will perform background checks of its personnel consistent with best industry practices;
(i) Supplier’s personnel will be properly trained, have all necessary skills to deliver the Products, and will deliver the Products in a professional manner consistent with best industry practices;
(ii) Supplier will comply with all applicable international, federal, state and local laws and regulations (including fire, health and safety procedures and consumer protection and data privacy laws)
(iii) Supplier agrees that Connecting Jamaica is entitled to carry out and/or procure further identity checks and due diligence on Supplier, or to require Supplier to prove the existence of a Product. If requested to do so, Supplier agrees to promptly supply to Connecting Jamaica such proof of identity or of a Product’s existence as Connecting Jamaica requests.
Insurance
Supplier will procure and maintain at all times current insurance consistent with industry standards and as may be required by applicable laws, rules, and regulations.
Confidentiality; Privacy; Data
Any information disclosed by or on behalf of one party to the other party during the Term that is identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, should reasonably be treated as proprietary and/or confidential
Supplier will use such Customer Information only for purposes of providing to the applicable Customer the Products booked by such Customer.
For all Customer Information (including without limitation Customer Information provided to Supplier by Connecting Jamaica) in Supplier’s possession or under Supplier’s control, Supplier will adopt and adhere to a Privacy Policy consistent with applicable laws, rules, regulations and guidelines
Supplier agrees not to send any unsolicited, commercial email or other online communication (e.g., “spam”) to Customers.
Indemnification
Supplier will indemnify and hold harmless, and at Connecting Jamaica’s request defend, Connecting Jamaica and any of their respective directors, officers, employees, agents, suppliers, licensors, vendors, distributors and service providers from and against any and all claims, losses, liabilities, damages, fines, penalties, settlements, expenses, and costs (including attorneys’ fees and court costs) incurred or suffered in connection with any third party claim, suit, demand, action, or investigation brought against Connecting Jamaica directly or indirectly arising out of or relating to
(i) Supplier’s activities, operations, products or services, including without limitation in connection with providing Products to Customers,
(ii) the Product(s) or Supplier Content,
(iii) Supplier’s breach (or a claim that, if true, would be a breach) of this Agreement, including without limitation any and all of Supplier’s representations and warranties in this Agreement and any breach of the confidentiality or privacy provisions
(iv) Taxes arising out of the sale of the Products
Changes To The Agreement
Connecting Jamaica reserves the right to update or otherwise make changes to this Agreement from time to time on at least fifteen (15) days’ notice (“Notice Period”), which notice Connecting Jamaica will provide to Supplier by any reasonable means (including via email, via the Connecting Jamaica Technology, or other electronic or other interactions with Supplier)
If Supplier objects to the revised version of this Agreement, Supplier shall within the Notice Period terminate this Agreement by e-mail.
If Supplier terminates this Agreement in such circumstances, this Agreement shall terminate upon expiry of the Notice Period.
If Supplier does not terminate this Agreement before the date the revised Agreement takes effect, Supplier will be bound by the revised Agreement
General:
Entire Agreement
This Agreement contains the entire understanding of the parties relating to the subject matter contained in this Agreement and supersedes all prior and contemporaneous agreements, arrangements and understandings between the parties.
Any offer by Connecting Jamaica and any acceptance of such an offer by Supplier are limited to the terms in this Agreement only, Connecting Jamaica objects to any additional or different terms, and acceptance of any offer is expressly made conditional on assent to the terms of this Agreement.
Relationship of the Parties
This Agreement will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; and the parties will at all times be and remain independent contractors.