Supplier Details

Please read and accept terms and conditions.

Terms and Conditions

The Supplier (“You”, “Supplier”) is entering into an agreement with Spot Local Limited, hereinafter referred to as (“Us”, “We” “Spot Local”) the moment you submit your products/services to us by email, fax, letter or directly by using the Spot supplier interface.

This contract is between “You; the Supplier” and Spot Local Limited. Registered Address of Spot Local Limited is Suite C3, Hirzel Court, St. Peter Port, Guernsey, GYI 2NL, Channel Islands, United Kingdom. Tel. (+44) (0) 20 8133 8036 Fax: (+44) (0) 870 913 2024 Email: suppliers@spotlocal.net. Company number is 44397.


1.0 Inclusion and activation
The Supplier agrees to be included in the SPOT LOCAL NETWORK in accordance with the applicable data protection regulations, as will the prices, inventory and information provided by the supplier. The Supplier’s Service/Product will be activated within two business days after the initial inventory and prices have been submitted either by email, fax, letter or directly by using the Spot supplier interface.


2.0 Spot Local's intermediary function
Contracts for the relevant services are concluded exclusively between the Consumer and the Supplier. SPOT LOCAL acts merely as the intermediary between Supplier and Consumer, and not on it’s own behalf. The Supplier is obliged to meet all the demands arising from the Contract for the relevant services, and to provide these directly towards the paying Consumer.


3.0 Validity period and cancellation
This Contract is valid indefinitely and will remain in force indefinitely. Either Party may terminate the Contract without reason provided this is done in writing and with 30 days' notice. The Contract comes into force upon receipt of the signed Contract and replaces all preceding agreements. If the Contract is terminated, the Supplier will be obliged to honour all sales made through SPOT LOCAL PLATFORM until the termination date in accordance with the Terms agreed herein. Termination will not affect SPOT LOCAL's right to claim service charges.


4.0 Online Sales
Unless agreed otherwise, if Supplier has entered inventory and prices on the Spot Local system then Services/Products will be sold in real time without contacting the Supplier.


5.0 Financial Projections
      5.1 Spot Local Service Charge
The Supplier pays SPOT LOCAL a percentage service charge of 15% of the total transactions made through SPOT LOCAL PLATFORM. This service charge covers the complete service of distribution, merchant services and online inventory management system.


      5.2 Remittance Schedule
5.2.1 The remittance periods end on the 1st and the 16th of each calendar month (or such other mutually agreed period). Spot Local will calculate the amount which is due following the Remittance Period and deducting the following:

- The Service Charge due.
- Any Refunds requested by consumer.
- Chargebacks passed on to Us by Our Acquirer in respect of Your Transactions.

5.2.2 We will remit to You by direct bank transfer to a bank account nominated by You and agreed by Us and will deduct from the Remittance a fee to cover the bank charges for making the remittance.

5.2.3 If Remittance is below Minimum Remittance such Remittance shall be carried forward to the next Remittance date.

5.2.4 We may hold back from the Remittance any amounts required to cover a Disputed Transactions.

5.2.5 In the event that the value of all items listed before exceed the value of all Payment Transactions falling due for Remittance on the Remittance date, the resulting shortfall may be held over by Us for deduction against the following Remittance when it shall be deducted from that Remittance. However, We reserve the right at any time to require payment (including by directly debiting your bank account) of all or part of such shortfall in such currency as mutually agreed.


      5.3 Release of Funds.
5.3.1 Initial Payments: Accounts established within five (5) days of the end of a standard pay period will not be eligible for a payment until the end of the following standard pay period. The Authorization/Cancellation window is taken into consideration when calculating completed orders payable to the Supplier. The period upon which the payments due to the Supplier are calculated shall include the 48-hour period immediately preceding the beginning of the payment period and shall exclude the 48 hours immediately preceding the end of the standard payment period. In addition there is a 30 day period (30 days deferred settlement plus 5 business days). The length of the deferred settlement period will be re-assessed after or the first six months of operations.

Example: Period: Jan 1st-16th (Payment calculated on total sales from Dec 30, Dec 31 to Jan 14th)
Total sales = 1000 GBP Total transfer = 1000 GBP - service charge + other charges/amounts due to Us under this Agreement
Payment date = Jan 16th Bank transfer date = Feb 23rd


5.3.2 Minimum Transfer Amounts: The minimum Remittance amount is 10 GBP for Sterling Remittances to UK Banks or the currency equivalent of 100 GBP in the case of other currencies.


5.3.3 Release Levels: Suppliers may specify a higher release level. This feature can assist Suppliers in managing banking fees which may be imposed by a receiving bank due to such matters as wire acceptance fees or currency conversion rates. The release levels begin at the transfer minimum amount of 100 GBP or the currency equivalent, to 4,000.00 GBP or the currency equivalent. Payment Distributions due Supplier will accrue in the Account until the release level set by the Supplier has been reached. Supplier will be responsible to pay all wire transfer fees assessed by either financial institution involved in the wire transfer.


5.3.4 Supplier Error Fees: Return Wire 15.00 GBP or the currency equivalent per occurrence.


5.3.5 FX Supported Currencies: If your currency is included in the list of supported currencies below then you can choose to receive the wire in that currency. If your bank account’s currency is not included in the list below then you can choose to receive payments from any one of the payment currencies at the (FX Supported Destination) rate. You must choose only one currency for settlement.
Spot Local supports the following Purchase Payment currencies:     EUR Euro     GBP Pound Sterling    USD US Dollars


      5.4 Refunds
Where You wish a Transaction to be refunded to a Cardholder, You shall advise Us either by such automated systems as we shall make available to You from time to time, or by fax or post on Your headed paper. Refunds will only be made to the Card upon which the original Transaction was debited and not by any other method.


      5.5 Chargebacks and Disputed Transactions
5.5.1 A chargeback results when a transaction is deemed invalid – for example, where a cardholder queries a transaction shown on their statement and the card issuer, after investigation, agrees to refund the amount.


5.5.2 In the event of a dispute involving an online transaction we will do all we can to prevent a chargeback. However, the cardholder may dispute a transaction shown on their statement. They may claim that the goods or services were never received or were defective, or that the card number had been used fraudulently. It is the responsibility of the supplier to provide Spot Local with as many details of the transaction as possible. The best protection against a chargeback is to request the consumer’s signature upon receipt of your service or product wherever possible. In addition you should add your terms and conditions of sale to every item added to the Spot Local Platform. If you do not respond to us to help us fight a chargeback within the specified timescale of 7 days, then we will not be able to defend the chargeback and the card issuer is then entitled to charge the transaction back without further formality. If you respond, and the transaction copy /information is passed on to the card issuer, there is still a possibility that the cardholder may dispute the transaction and the issuer will charge the amount back to us. We will investigate, and if necessary contact you again for further information. We do everything we can to protect you from charge backs. However, you may still receive a chargeback if the dispute proves to be valid. The whole process can take 6 months or more.


5.5.3 In the event that the card issuer does agree to refund the amount to the cardholder then we will have the right not to pay you for the transaction. If we have already paid you for it, you must pay that amount back to us. This is called “charging back”. We may charge a transaction back to you or refuse to pay it even if it has been authorized. If we have the right to charge a Card Payment back that amount will be a debt from you to us, which you will owe immediately. Spot Local reserves the right to ask for a security bond as a guarantee in the event that the Supplier receives too many chargebacks. The amount of the security bond will be re-assessed every three months of operations.


      5.6 Automatic reservation notification (reservation)
The Supplier will automatically be notified by email and /or fax about all sales made, changed or cancelled through the SPOT LOCAL PLATFORM. The Supplier guarantees that it can be reached using the email and/or fax numbers it supplies for this purpose. If the Supplier is notified by e-mail, he is obliged to ensure that its e-mail address is permanently available and accessed.


6.0 Managing Inventory
      6.1 Changes to inventory using the SPOT LOCAL PLATFORM are effective immediately.


      6.2 SPOT LOCAL system is based on electronic procedures that may be interfered with in spite of the security measures in place. For this reason, SPOT LOCAL will only be liable for breach of contract in cases of wrongful or gross negligence, in particular with respect to the availability and accessibility of the SPOT LOCAL PLATFORM to both the Supplier and the Consumer. Furthermore, SPOT LOCAL will only be liable in cases of ordinary negligence if it acts in breach of obligations essential to the fulfilment of this Contract. The Parties agree that neither of them will be liable for the consequences of an unavailability of the SPOT LOCAL PLATFORM caused by force majeure acting on SPOT LOCAL (e.g. power cuts, hacker attacks, etc.). The Supplier is responsible for ensuring the proper functioning of its own systems, especially as regards to inventory.


      6.3 Managing Rates
Spot Local will provide the consumer with the option to check out in one of 3 currencies: USD, EURO or GBP. You the supplier has the option to provide 3 different pricelists or you can select 1 home currency and the Spot Local System will automatically provide the consumer with the exchange. You agree to allow Spot Local to decide the exchange rate, which will not differ more than +/-0.5 % (point five) from the bank rate.


7.0 Spot Supplier Interface
      7.1 Changes to inventory and prices made using the online Spot Supplier Interface come into effect immediately. If technical problems prevent the Supplier from modifying inventory and prices online at any time, the Supplier may email or fax the updates to Spot Local and these updates will be done within 2 business days of receipt.


      7.2 The Supplier shall bear exclusive responsibility for data entered electronically using the Spot Supplier Interface.


      7.3 The supplier must keep confidential, and require supplier’s employees and agents to keep confidential, all passwords and other security measures necessary to access the online Spot Supplier Interface.


      7.4 Supplier evaluations The Supplier accepts that reviews of their products, services and company may be made by users and presented to the public on any SPOT LOCAL Network of web sites. Customer Services has the right to validate and refuse data.


      7.5 False information Misleading, incorrect or illegal information provided by the Supplier (concerning, for instance, its rating, facilities, location and/or description) may result in compensation claims. The Supplier indemnifies SPOT LOCAL from all Third-Party claims arising from information the Supplier provides to SPOT LOCAL.


8.0 Portal Changes
      8.1 Spot Local has the right to update and change the site structure and layout at anytime.


      8.2 Spot Local will not be bundling any offers without prior consent from the Supplier.


9.0 Supplier Guarantee
      9.1 The Supplier undertakes to accept sales made through the SPOT LOCAL PLATFORM and honour them towards Consumers.


      9.2 Consumers are guaranteed to receive what they have purchased under the agreed consumer terms of sale. This right also applies if the Supplier fails to keep their inventory updated on the Platform.


      9.3 In the case of an Accommodation Supplier, consumers may not be rebooked in another property other than the one they purchased online unless they agree to this rebooking prior to arrival. The Supplier will be obliged to pay all extra costs this incurs.


10.0 Internal duty to inform
      10.1 Suppliers are obliged to inform all members of their staff about the use of the SPOT LOCAL PLATFORM. The Supplier should check its information on the SPOT LOCAL Network of Web sites from time to time so that out of date details can be updated.


      10.2 Spot Local will pursue same rights in case of supplier merger, acquisition, or any kind of organizational transformation.


11.0 EXTERNAL Duty to inform
       11.1 The supplier is duty bound to inform the consumer without delay about any rebuilding work planned for during normal operation, construction work in the immediate vicinity, the closure of service facilities (e.g. swimming pool, sauna) and any other changes which would affect the satisfaction of the consumer.


      11.2 The supplier must inform Spot Local of any changes of proprietor, leaseholder, tenant or owner, as well as applications to institute bankruptcy or conciliation proceedings. Amendments to be added to the contract with new updates.


12.0 Supplier rules and regulations
      12.1 In general, the Supplier is responsible to keep its rules and regulations (consumer terms of sale) updated and available for the consumer to check online. The consumer will be able to check each supplier’s rules and regulations upon check out.


      12.2 Spot Local doesn’t provide exclusivity in any of the fields.


13.0 Supplier Multimedia & Multilingual Text
      13.1 Supplier photos and/or videos and text may be uploaded and/or exchanged free of charge at any time using the SPOT SUPPLIER INTERFACE. SPOT LOCAL may download photos, videos, flash files, graphics, text and logos free of charge from the Supplier's Web pages for use on the SPOT LOCAL PLATFORM and/or to run related marketing campaigns. The Supplier guarantees that photos, videos, flash files, graphics, logos, text supplied to SPOT LOCAL and downloaded files are not covered by third-party copyright, which could limit or prevent their unrestricted use by SPOT LOCAL.


       13.2 In its prospectuses, Supplier guides and other publications as well as on its homepage, the Supplier may indicate that it is connected to the SPOT LOCAL NETWORK. To this end, SPOT LOCAL provides logos for the Supplier to use free of charge.


14.0 Supplier Suspension
SPOT LOCAL may suspend the Supplier from processing any sales through the Platform for any one of the following reasons:
- The Supplier does not deliver the service or product because it mismanaged its inventory, even though the sale was made correctly through the SPOT LOCAL PLATFORM.
- The Supplier denies receiving notification about a correctly made sale or refuses to provide a service or product for a correctly made sale.
- The Consumer receives a service or product, which is inferior or different to that which was purchased online.
- In case of an Accommodation Supplier; consumer is moved to another hotel even though his booking was made correctly.
- Any other behaviour that may damage SPOT LOCAL's business or reputation.
The aforementioned reasons shall also entitle SPOT LOCAL to terminate the Contract without notice. SPOT LOCAL reserves the right not to reactivate the Supplier until all outstanding service charges or other claims have been settled in full.


15.0 Immediate Termination
SPOT LOCAL may terminate this Contract without notice if
- You fail to advise us as soon as you become aware of a material adverse change in your financial standing or an intention to close down your business.
- You fail to advise us as soon as you become aware of major or multiple product/service defects or logistics problems which could give rise to chargebacks or refunds.
Existing bookings and service charges will remain unaffected by the above. The mutual right of immediate termination also applies to other serious breaches of the agreed Contractual Terms.


16.0 Severability Clause If any of the provisions in this Contract prove invalid, this will not affect the validity of the remaining provisions of the Contract.


17.0 Court of jurisdiction
All contractual relations are bound by Guernsey law. The place of jurisdiction and performance is Guernsey.


18.0 Contract form The Supplier may not make any changes to the Contract Form. By accepting, you accept and are bound to the terms and conditions of this Agreement. After this contract has been executed by an authorized representative of Spot Local Limited, a copy will be returned to your attention.