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    FISKALY SPAIN ADDENDUM

    This Fiskaly Spain Addendum forms part of the Agreement entered into between the Customer and SiteMinder. By clicking “I Agree”, or using the Fiskaly Sign feature, the Customer acknowledges that it has read and agrees to this Addendum.

    1. DEFINITIONS AND INTERPRETATION

    Customer means the person or entity using the Products or Services.

    Fiskaly means fiskaly Iberia SL, of Paseo de la Castellana, 81, 15th Floor, Office 01 28046 Madrid, Spain, NIF: B44752210.

    Fiskaly Data has the meaning given in clause 2(b).

    Fiskaly Sign has the meaning given in clause 2(a).

    Fiskaly Sign Fee is the monthly subscription charge payable by the Customer for use of the Fiskaly Sign feature.

    SiteMinder means SiteMinder Limited of Bond Store 3, 30 Windmill Street, Millers Point NSW 2000, Australia and its Related Bodies Corporate.

    Terms and Conditions means SiteMinder’s Little Hotelier standard terms and conditions, available at https://www.littlehotelier.com/legal/terms-and-conditions/.

    Territory means the Kingdom of Spain.

    Transaction Data has the meaning given in clause 2(a).

    1.1 All capitalised terms used but not defined in this Addendum have the meaning given to them in the Agreement.

    1.2 Where this Addendum conflicts with any provision of the Agreement, the terms of this Addendum will prevail.

    2. PROVISION OF FISKALY SIGN

    2.1 Fiskaly Sign is Fiskaly’s software solution that generates digital signatures for invoicing transactions using data derived from the Customers’ recording systems (Transaction Data) to facilitate compliance with the Spanish TicketBAI legislation and Verifactu legislation (Fiskaly Sign). For the purposes of the Agreement, the Fiskaly Sign feature is a Product.

    2.2 Transaction Data that is signed and stored in the Fiskaly Sign software may be exported by the Customer in a format determined by Fiskaly (Fiskaly Data).

    2.3 SiteMinder grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Fiskaly Sign feature in the Territory for the term of this Addendum.

    2.4 By using the Fiskaly Sign feature, the Customer irrevocably authorises SiteMinder to share Transaction Data with Fiskaly.

    2.5 The Customer acknowledges that it remains responsible for:

    1. complying with all legal obligations that are imposed on the Customer under TicketBAI and Verifactu legislation and any other laws, including those relating to sales, taxation and business records;
    2. managing and complying with all requests from authorities, including requests for any information, data, backups and reports in respect of Transaction Data or Fiskaly Data; and
    3. ensuring that it maintains backups and records of any Fiskaly Data.

    2.6 The functionality of the Fiskaly Sign feature may be updated or changed from time to time, without notice to the Customer.

    2.7 Without limiting clause 3.5 of the Terms and Conditions, SiteMinder provides no guarantees, representations or warranties with respect to:

    1. the availability, accuracy or completeness of Transaction Data or Fiskaly Data;
    2. the quality, merchantability or availability of the Fiskaly Sign feature;
    3. the Fiskaly Sign feature meeting the Customer’s requirements, expectations, or compliance obligations; and
    4. the Fiskaly Sign feature or Fiskaly Data being error-free, or that any defects will be corrected.

    2.8 Notwithstanding clause 15 of the Terms and Conditions, SiteMinder will have no liability to the Customer in respect of any claim that the Fiskaly Sign feature infringes the Intellectual Property Rights of a third party.

    3. FEES AND BILLING

    3.1 The Customer must pay the Fiskaly Sign Fee and any additional charges to SiteMinder.

    3.2 SiteMinder will invoice the Customer in accordance with clause 4.2 of the Terms and Conditions.

    3.3 The Fiskaly Sign Fee may be varied from time to time. If SiteMinder wishes to vary the Fiskaly Sign Fee, it will notify the Customer.

    4. SUSPENSION AND TERMINATION

    4.1 SiteMinder may:

    1. suspend the Customer’s use of the Fiskaly Sign feature; or
    2. terminate this Addendum,
    immediately for any reason, including if SiteMinder’s access to the Fiskaly Sign feature is suspended or terminated.

    4.2 This Addendum will terminate if the Agreement is terminated.

    4.3 Any Fiskaly Data that the Customer wishes to retain following termination of this Addendum must be downloaded within 30 days of termination.