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This Agreement is made on [Effective Date] between:
ETM Global Limited], a company incorporated under the laws of the United Kingdom with its principal office located at 82 James Carter Road, Mildenhall, Edmunds, IP28 7DE, United Kingdom (hereinafter referred to as the “Supplier”), AND
[Client’s Company Name], a company incorporated under the laws of [Country] with its principal office located at [Address] (hereinafter referred to as the “Client”).
Together referred to as “the Parties” and individually as a “Party.”
1.1 The Supplier agrees to provide the Client with access to its white-label online travel booking platform (the “Platform”), customized for the Client’s brand. The Platform will enable the Client to offer hotel bookings,transportation services, activities and tour packages to its end customers globally.
1.2 The Client shall have non-exclusive access to the Platform, which will be branded under the Client's name and operated by the Client for the purpose of offering travel services.
2.1 The Platform will be branded with the Client’s logo, color scheme, and other relevant customizations as requested by the Client and approved by the Supplier.
2.2 The Supplier will provide technical support to ensure proper integration and customization of the Platform, including initial setup, ongoing maintenance, and support.
3.1 The Supplier agrees to provide the Client with the white-label setup at no cost, on the condition that the Client launches their online site within 30 days of the Agreement’s commencement. Furthermore, the Client will not incur any monthly charges for the entire duration that the site remains active.
ETM will provide a fully operational, pre-designed website with customizable design options, and will manage the initial setup, enabling the Client to extend the platform to its sub-agents. The site will be ready within 5 working days, at which point the Client will take full control of its operation.
3.2 Travel services will be provided at net rates through the Platform. The Client may apply mark-ups and earn commissions on ready made tour packages based on the agreed pricing structure.
3.3 The Supplier will invoice the Client for services in accordance with the payment deadlines specified in the individual reservations. All payments must be made in advance, prior to the use of any service, as per the specified deadline.
3.4 Failure to make payment by the specified deadline will result in the automatic cancellation of the reservation, and no services will be provided until full payment is received in advance.
4.1 All intellectual property rights in the Platform, including but not limited to the software, source code, trademarks, trade names, and service marks, remain the exclusive property of the Supplier.
4.2 The Client is granted a non-exclusive, non-transferable, revocable license to use the Platform solely for the purposes outlined in this Agreement and agrees not to reverse-engineer, modify, or reproduce any part of the Platform without prior written consent from the Supplier.
5.1 Both Parties agree to comply with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
5.2 The Supplier will ensure that all customer data processed through the Platform is stored securely and in compliance with data protection laws.
5.3 All information exchanged between the Parties, including business plans, pricing, and technical details, shall be treated as confidential and shall not be disclosed to any third parties without prior written consent from the disclosing Party.
6.1 The Supplier shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or business interruption, arising out of or in connection with the use of the Platform.
6.2 The Client agrees to indemnify and hold harmless the Supplier from any claims, damages, or liabilities arising from misuse of the Platform, violations of applicable laws, or breaches of this Agreement.
7.1 This Agreement shall remain in effect for a period of one (1) year from the date of execution (the “Initial Term”) and shall automatically renew for successive one-year terms unless either Party provides written notice of termination at least thirty (30) days prior to the expiration of the then-current term
7.2 Either Party may terminate this Agreement by providing three (3) months' written notice to the other Party.
7.3 The Supplier reserves the right to terminate this Agreement immediately if the Client breaches any material provision of this Agreement, including failure to make payments or promoting inappropriate content.
7.4 Upon termination, both Parties agree to honor any bookings made prior to the termination date and continue fulfilling their obligations under this Agreement with respect to those bookings.
8.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
8.2 Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of the United Kingdom.
9.1 Neither Party shall be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, or labor strikes (a "Force Majeure Event").
9.2 In the event of a Force Majeure Event, the affected Party shall promptly notify the other Party in writing and take reasonable steps to mitigate the effects of the event.
10.1 The Supplier reserves the right to assign its obligations and rights under this Agreement to any of its subsidiaries, affiliates, or holding companies without the prior consent of the Client.
10.2 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Supplier.
11.1 The Client acknowledges the Supplier’s commitment to corporate sustainability, including its Corporate Sustainability Policy, and agrees to make reasonable efforts to comply with sustainability standards, including preventing the use of forced, trafficked, or child labor within its supply chain.
11.2 The Client agrees to comply with applicable anti-slavery and human trafficking laws, including the UK Modern Slavery Act 2015.
12.1 This Agreement constitutes the entire understanding between the Parties, superseding all prior agreements, representations, and understandings, whether written or oral, related to the subject matter.
12.2 In case of discrepancies between this Agreement and any “Terms and Conditions” associated with the Platform, this Agreement will prevail for clauses 4 through 16, and the Terms and Conditions will govern all other provisions.
12.3 Any amendments or modifications to this Agreement must be in writing and signed by both Parties.
