The Tourplan NX Subscriber Agreement is available for PDF download here.
Here are notices of changes to the subscriber agreement:
| Date of Notice | Change Description | |
| 30 November 2017 | Initial agreement established for review | |
| 30 November 2020 |
This updated agreement is a tidy-up of the original draft and has no impact on your day to day use of Tourplan, your fees, or any Tourplan services. Read more … |
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| 30 April 2021 | Correct a minor typographical error | |
| 11 January 2022 |
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| 02 March 2023 | Add licensing conditions that Subscribers not alter Tourplan Software and not alter Data except through the Software or published Tourplan APIs. | |
| 13 August 2024 |
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End User License Agreements (EULA) covering Tourplan software products and Services Agreements covering Tourplan support and software update services are detailed below for each of our main Tourplan offices.
Please note that there are only two differences in the agreements pertaining to each of these Tourplan offices:
This Tourplan End user License Agreement (EULA) is a legal agreement between you (who will be referred to in this EULA as “You”) and Tourplan Southern Africa Pty Ltd (“Tourplan”) for all Tourplan software including any upgrades “Software” that is provided to you by Tourplan. You, and not Tourplan, are responsible for compliance with all other third party software, including Microsoft’s licensing requirements. This agreement supersedes all prior license agreements and arrangements.
Important – please read carefully. Tourplan is willing to license software to you only if you accept all the terms of EULA. Paying any invoices referring to this EULA, or using the software will be deemed to be your acceptance that you are using it on the following terms.
If you do not agree to the terms of this EULA do not pay for the license nor use the software.
Tourplan warrants that the software will perform substantially in accordance with the accompanying help files for a period of 90 days from date of receipt. Some countries, states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to you.
To the extent permissible by law, all representations and warranties other than those expressly provided for in this Agreement are excluded.
Tourplan will not be liable for indirect or consequential damage or for any loss of business, property, profit or data, however caused including negligence, which may be suffered or incurred or which may arise directly or indirectly in respect of the Software, defects in the Software, or the failure or omission on the part of Tourplan to comply with its obligations under this agreement.
Tourplan’s total liability under this agreement shall be limited, at Tourplan’s exclusive option to (a) replacement of the Software; or (b) correction of defects in the Software; or (c) the cost of having defects in the Software repaired.
You acknowledge and agree that to the extent data, content, and information owned, held, used or created by you or on your behalf that is stored using, or inputted into Tourplan iS contains personal information, in collecting, holding and processing that information through Tourplan iS, we are acting as your agent for the purposes of applicable privacy laws. You agree to comply with all applicable privacy laws with respect to the gathering, use, storage, processing and deletion of personal information. You agree to configure and manage Tourplan according to guidelines provided by us with regards to maintaining data confidentiality. All information is under username/password protection and you are responsible for selection and modification of all usernames and passwords and for ensuring the confidentiality of access to this information.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
This agreement (the Agreement) records the terms and conditions under which Tourplan Southern Africa Pty Ltd (“Tourplan”) provides software maintenance and support (“Services”) for Tourplan software products (“the Software”) to its customers (“Customer”) who hold license(s) to use Tourplan in accordance with the Tourplan End User License Agreement (EULA). A Customer’s payment of invoices referring to or incorporating this agreement is deemed to be acceptance of both this Agreement and the Tourplan EULA. This agreement supersedes all prior Tourplan EULAs, services and support agreements and arrangements.
Services will be supplied for the period that the Customer has been invoiced by Tourplan and paid fees for.
The Customer may terminate this agreement with 90 days written notice to Tourplan.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
This Tourplan End user License Agreement (EULA) is a legal agreement between you (who will be referred to in this EULA as “You”) and Tourplan Latin America S.A. (“Tourplan”) for all Tourplan software including any upgrades “Software” that is provided to you by Tourplan. You, and not Tourplan, are responsible for compliance with all other third party software, including Microsoft’s licensing requirements. This agreement supersedes all prior license agreements and arrangements.
Important – please read carefully. Tourplan is willing to license software to you only if you accept all the terms of EULA. Paying any invoices referring to this EULA, or using the software will be deemed to be your acceptance that you are using it on the following terms.
If you do not agree to the terms of this EULA do not pay for the license nor use the software.
Tourplan warrants that the software will perform substantially in accordance with the accompanying help files for a period of 90 days from date of receipt. Some countries, states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to you.
To the extent permissible by law, all representations and warranties other than those expressly provided for in this Agreement are excluded.
Tourplan will not be liable for indirect or consequential damage or for any loss of business, property, profit or data, however caused including negligence, which may be suffered or incurred or which may arise directly or indirectly in respect of the Software, defects in the Software, or the failure or omission on the part of Tourplan to comply with its obligations under this agreement.
Tourplan’s total liability under this agreement shall be limited, at Tourplan’s exclusive option to (a) replacement of the Software; or (b) correction of defects in the Software; or (c) the cost of having defects in the Software repaired.
You acknowledge and agree that to the extent data, content, and information owned, held, used or created by you or on your behalf that is stored using, or inputted into Tourplan iS contains personal information, in collecting, holding and processing that information through Tourplan iS, we are acting as your agent for the purposes of applicable privacy laws. You agree to comply with all applicable privacy laws with respect to the gathering, use, storage, processing and deletion of personal information. You agree to configure and manage Tourplan according to guidelines provided by us with regards to maintaining data confidentiality. All information is under username/password protection and you are responsible for selection and modification of all usernames and passwords and for ensuring the confidentiality of access to this information.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of Costa Rica.
This agreement (the Agreement) records the terms and conditions under which Tourplan Latin America S.A. (“Tourplan”) provides software maintenance and support (“Services”) for Tourplan software products (“the Software”) to its customers (“Customer”) who hold license(s) to use Tourplan in accordance with the Tourplan End User License Agreement (EULA). A Customer’s payment of invoices referring to or incorporating this agreement is deemed to be acceptance of both this Agreement and the Tourplan EULA. This agreement supersedes all prior Tourplan EULAs, services and support agreements and arrangements.
Services will be supplied for the period that the Customer has been invoiced by Tourplan and paid fees for.
The Customer may terminate this agreement with 90 days written notice to Tourplan.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of Costa Rica.
This Tourplan End user License Agreement (EULA) is a legal agreement between you (who will be referred to in this EULA as “You”) and Tourplan Asia Pacific Sdn bhd (“Tourplan”) for all Tourplan software including any upgrades “Software” that is provided to you by Tourplan. You, and not Tourplan, are responsible for compliance with all other third party software, including Microsoft’s licensing requirements. This agreement supersedes all prior license agreements and arrangements.
Important – please read carefully. Tourplan is willing to license software to you only if you accept all the terms of this EULA. Paying any invoices referring to this EULA, or using the software will be deemed to be your acceptance that you are using it on the following terms.
If you do not agree to the terms of the EULA do not pay for the license nor use the software.
Tourplan warrants that the software will perform substantially in accordance with the accompanying help files for a period of 90 days from date of receipt. Some countries, states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to you.
To the extent permissible by law, all representations and warranties other than those expressly provided for in this Agreement are excluded.
Tourplan will not be liable for indirect or consequential damage or for any loss of business, property, profit or data, however caused including negligence, which may be suffered or incurred or which may arise directly or indirectly in respect of the Software, defects in the Software, or the failure or omission on the part of Tourplan to comply with its obligations under this agreement.
Tourplan’s total liability under this agreement shall be limited, at Tourplan’s exclusive option to (a) replacement of the Software; or (b) correction of defects in the Software; or (c) the cost of having defects in the Software repaired.
You acknowledge and agree that to the extent data, content, and information owned, held, used or created by you or on your behalf that is stored using, or inputted into Tourplan iS contains personal information, in collecting, holding and processing that information through Tourplan iS, we are acting as your agent for the purposes of applicable privacy laws. You agree to comply with all applicable privacy laws with respect to the gathering, use, storage, processing and deletion of personal information. You agree to configure and manage Tourplan according to guidelines provided by us with regards to maintaining data confidentiality. All information is under username/password protection and you are responsible for selection and modification of all usernames and passwords and for ensuring the confidentiality of access to this information.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of Malaysia.
This agreement (the Agreement) records the terms and conditions under which Tourplan Asia Pacific Sdn bhd (“Tourplan”) provides software maintenance and support (“Services”) for Tourplan software products (“the Software”) to its customers (“Customer”) who hold license(s) to use Tourplan in accordance with the Tourplan End User License Agreement (EULA). A Customer’s payment of invoices referring to or incorporating this agreement is deemed to be acceptance of both this Agreement and the Tourplan EULA. This agreement supersedes all prior Tourplan EULAs, services and support agreements and arrangements.
Services will be supplied for the period that the Customer has been invoiced by Tourplan and paid fees for.
The Customer may terminate this agreement with 90 days written notice to Tourplan.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of Malaysia.
This Tourplan End user License Agreement (EULA) is a legal agreement between you (who will be referred to in this EULA as “You” and Tourplan UK Ltd (“Tourplan”) for all Tourplan software including any upgrades “Software” that is provided to you by Tourplan. You, and not Tourplan, are responsible for compliance with all other third party software, including Microsoft’s licensing requirements. This agreement supersedes all prior license agreements and arrangements.
Important – please read carefully. Tourplan is willing to license software to you only if you acceipt all the terms of EULA. Paying any invoices referring to this EULA, or using the software will be deemed to be your acceptance that you are using it on the following terms.
If you do not agree to the terms of this EULA do not pay for the license nor use the software.
Tourplan warrants that the software will perform substantially in accordance with the accompanying help files for a period of 90 days from date of receipt. Some countries, states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to you.
To the extent permissible by law, all representations and warranties other than those expressly provided for in this Agreement are excluded.
Tourplan will not be liable for indirect or consequential damage or for any loss of business, property, profit or data, however caused including negligence, which may be suffered or incurred or which may arise directly or indirectly in respect of the Software, defects in the Software, or the failure or omission on the part of Tourplan to comply with its obligations under this agreement.
Tourplan’s total liability under this agreement shall be limited, at Tourplan’s exclusive option to (a) replacement of the Software; or (b) correction of defects in the Software; or (c) the cost of having defects in the Software repaired.
You acknowledge and agree that to the extent data, content, and information owned, held, used or created by you or on your behalf that is stored using, or inputted into Tourplan iS contains personal information, in collecting, holding and processing that information through Tourplan iS, we are acting as your agent for the purposes of applicable privacy laws. You agree to comply with all applicable privacy laws with respect to the gathering, use, storage, processing and deletion of personal information. You agree to configure and manage Tourplan according to guidelines provided by us with regards to maintaining data confidentiality. All information is under username/password protection and you are responsible for selection and modification of all usernames and passwords and for ensuring the confidentiality of access to this information.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
This agreement (the Agreement) records the terms and conditions under which Tourplan UK Ltd (“Tourplan”) provides software maintenance and support (“Services”) for Tourplan software products (“the Software”) to its customers (“Customer”) who hold license(s) to use Tourplan in accordance with the Tourplan End User License Agreement (EULA). A Customer’s payment of invoices referring to or incorporating this agreement is deemed to be acceptance of both this Agreement and the Tourplan EULA. This agreement supersedes all prior Tourplan EULAs, services and support agreements and arrangements.
Services will be supplied for the period that the Customer has been invoiced by Tourplan and paid fees for.
The Customer may terminate this agreement with 90 days written notice to Tourplan.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
This Tourplan End user License Agreement (EULA) is a legal agreement between you (who will be referred to in this EULA as “You”) and Tourplan Pacific Ltd (“Tourplan”) for all Tourplan software including any upgrades “Software” that is provided to you by Tourplan. You, and not Tourplan, are responsible for compliance with all other third party software, including Microsoft’s licensing requirements. This agreement supersedes all prior license agreements and arrangements.
Important – please read carefully. Tourplan is willing to license software to you only if you accept all the terms of this EULA. Paying any invoices referring to this EULA, or using the software will be deemed to be your acceptance that you are using it on the following terms.
If you do not agree to the terms of this EULA do not pay for the license nor use the software.
Tourplan warrants that the software will perform substantially in accordance with the accompanying help files for a period of 90 days from date of receipt. Some countries, states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to you.
To the extent permissible by law, all representations and warranties other than those expressly provided for in this Agreement are excluded.
Tourplan will not be liable for indirect or consequential damage or for any loss of business, property, profit or data, however caused including negligence, which may be suffered or incurred or which may arise directly or indirectly in respect of the Software, defects in the Software, or the failure or omission on the part of Tourplan to comply with its obligations under this agreement.
Tourplan’s total liability under this agreement shall be limited, at Tourplan’s exclusive option to (a) replacement of the Software; or (b) correction of defects in the Software; or (c) the cost of having defects in the Software repaired.
You acknowledge and agree that to the extent data, content, and information owned, held, used or created by you or on your behalf that is stored using, or inputted into Tourplan iS contains personal information, in collecting, holding and processing that information through Tourplan iS, we are acting as your agent for the purposes of applicable privacy laws. You agree to comply with all applicable privacy laws with respect to the gathering, use, storage, processing and deletion of personal information. You agree to configure and manage Tourplan according to guidelines provided by us with regards to maintaining data confidentiality. All information is under username/password protection and you are responsible for selection and modification of all usernames and passwords and for ensuring the confidentiality of access to this information.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of New Zealand.
This agreement (the Agreement) records the terms and conditions under which Tourplan Pacific Ltd (“Tourplan”) provides software maintenance and support (“Services”) for Tourplan software products (“the Software”) to its customers (“Customer”) who hold license(s) to use Tourplan in accordance with the Tourplan End User License Agreement (EULA). A Customer’s payment of invoices referring to or incorporating this agreement is deemed to be acceptance of both this Agreement and the Tourplan EULA. This agreement supersedes all prior Tourplan EULAs, services and support agreements and arrangements.
Services will be supplied for the period that the Customer has been invoiced by Tourplan and paid fees for.
The Customer may terminate this agreement with 90 days written notice to Tourplan.
All fees are exclusive of any tariffs, duties, taxes (including GST, VAT or any other similar tax) or levy payable in respect of the fees, other than income tax payable by Tourplan. All such taxes or levies shall be for the account of the Customer.
If any withholding tax is levied on the fees, then the Customer shall increase the sums paid to Tourplan so that the amount received by Tourplan after the withholding tax is deducted is the full amount Tourplan would have received if no withholding or deduction had been made.
This agreement shall be governed by and construed in accordance with the laws of New Zealand.
This Service Level Agreement (SLA) defines the services, service level guarantees, terms and conditions under which your local Tourplan office provides you as a customer of the Tourplan Hosting Service with hosting services. Your payment of invoices referring to or incorporating this agreement is deemed to be acceptance of the terms of this Agreement.
Up-time Guarantee
Tourplan offers a 99% up-time guarantee through our Hosting Services which includes:
We define “up-time” as all the time that the hosted Tourplan system is available for use as measured by our continuous monitoring system that checks once every minute whether iCom and the Database server are functioning. “Up-time” does not include periods where your account with Tourplan is not in good standing – specifically when overdue invoices are unpaid.
Periods of internet connectivity failure between you and the Hosting Service that are beyond our control are not counted as down-time. For example, if your own Internet Service Provider has a failure which prevents you from connecting to the Tourplan Hosting Service, that is still counted as up-time if the hosted Tourplan system is otherwise available for use.
Tourplan Responsibilities
Customer responsibilities
Guarantee
In any month that Tourplan fails to meet the 99% up-time guarantee a Tourplan customer is eligible for an SLA credit on their hosting account.
To be eligible for an SLA credit:
SLA Credit Calculation
An SLA Credit will be provided as follows based on the percentage of the customer’s monthly renewal price:
| Uptime | SLA Credit provided |
| 99-100% | Guaranteed |
| 98% | 10% |
| 97% | 20% |
| 96% | 30% |
| 95% | 40% |
| 94% | 50% |
| 93% | 60% |
| 92% | 70% |
| 91% | 80% |
| 90% | 90% |
| Less than 90% | 100% |
Terms & Conditions
Termination
Disclaimer & Limitation of Liability
