1.1 In these Terms:
1.2 These Terms prevail over any inconsistent provisions in a Service Order. Capitalised terms not defined herein have the meaning given in the Service Order.
2.1 You appoint Kynect as a non-exclusive technology provider authorised to: (a) retrieve in real time your inventory, rates, availability, policies, images, descriptions and ancillary offerings via direct API or other integration with your Customer Systems; (b) display that data to AI Agents and Guests; and (c) write confirmed Bookings, modifications, and cancellations directly into your Customer Systems.
2.2 You grant Kynect a worldwide, non-exclusive, royalty-free, sublicensable licence to use, copy, transmit, store and display your content and data solely for the purpose of providing the Services and operating the Platform.
3.1 You are solely responsible for the accuracy, completeness, legality and timeliness of all rates, availability, descriptions, images, policies, taxes, fees and any other content you make available via the Platform.
3.2 Kynect does not verify, endorse or guarantee any Customer content and accepts no liability for errors, over-bookings, pricing discrepancies or Guest disputes arising from your content, configurations or Customer Systems.
4.1 When a Guest completes a Booking via an AI Agent, Kynect (or its PCI-DSS compliant payment processor) will collect the Total Booking Value from the Guest.
4.2 Within the remittance period stated in the Service Order (typically 2–7 business days after check-out or service completion), Kynect will remit to you the Total Booking Value less: (a) the agreed Commission; (b) any refunds, credits or chargebacks processed; and (c) any taxes Kynect is required to withhold. 4.3 You authorise Kynect to issue tax invoices or receipts to Guests where required or permitted by applicable law.
5.1 Commission is payable on every completed Booking (including no-shows and charged cancellations).
5.2 Kynect will issue monthly commission statements. Commission is deducted at source via the remittance mechanism in clause 4.2.
5.3 All amounts are exclusive of GST/VAT/sales tax and any other applicable taxes, which shall be added where required by law.
You shall:
(a) promptly provide and maintain accurate credentials, API keys, tokens, certificates or other access rights required for Kynect to connect to your Customer Systems; notify Kynect immediately of any changes, revocations or expirations of such credentials; and ensure that Kynect is at all times authorised to retrieve inventory, rates, availability and other data from, and write confirmed Bookings, modifications and cancellations into, your Customer Systems;
(b) honour every confirmed Booking written into your Customer Systems by Kynect;
(c) comply with all consumer protection, pricing-display, licensing, tax and regulatory requirements in every jurisdiction where you accept Bookings;
(d) ensure your own environment remains PCI-DSS compliant for any card data you separately receive or store;
(e) indemnify and hold Kynect harmless against any Guest claims, regulatory fines or third-party claims arising from your services, content or failure to deliver the booked product.
7.1 The parties shall comply with the Kynect Data Processing Agreement (DPA), Privacy Policy and Acceptable Use Policy (all incorporated by reference and available at www.kynect.direct).
7.2 You remain the controller of Guest Data. Kynect acts as processor (or independent controller for fraud prevention, commission calculation and legal compliance purposes).
8.1 Each party retains ownership of its pre-existing intellectual property rights.
8.2 You grant Kynect a worldwide, non-exclusive, royalty-free licence to use your brand, logos, property images and descriptions for marketing the Platform and for display to AI Agents and Guests.
9.1 Each party warrants it has full power and authority to enter into this Agreement.
9.2 Except as expressly stated, the Platform is provided “as-is” and “as-available” without warranties of any kind, express or implied.
10.1 Kynect’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the total Commission earned from you in the 3 months preceding the claim.
10.2 In no event shall Kynect be liable for indirect, consequential, special, punitive or exemplary damages, or for any loss of revenue, profits, goodwill or data.
(b) inaccuracy, illegality or incompleteness of your content;
(c) your breach of any applicable law or regulation;
(d) any Guest dispute relating to a Booking.
12.1 This Agreement commences on the date you accept the Service Order or first activate the Platform (“Effective Date”) and continues until terminated.
12.2 Either party may terminate for convenience on 30 days’ written notice.
12.3 Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice.
12.4 Upon termination or expiry, Kynect will cease displaying your inventory and will settle any outstanding remittances within 30 days.
13.1 This Agreement is governed by the laws of Singapore without regard to conflict of law principles.
13.2 Any dispute shall first be referred to senior management for resolution. If not resolved within 30 days, the dispute shall be submitted to mediation in Singapore under the Singapore Mediation Centre. If mediation fails, the courts of Singapore shall have exclusive jurisdiction.
14.1 Entire Agreement – These Terms, together with the Service Order, Privacy Policy, Acceptable Use Policy and Data Processing Agreement, constitute the entire agreement between the parties.
14.2 Amendments – Kynect may amend these Terms on 30 days’ notice; continued use after the effective date constitutes acceptance.
14.3 Assignment – Kynect may assign this Agreement; you may not without Kynect’s prior written consent.
14.4 Severability – If any provision is held invalid, the remainder remains in full force.
14.5 Survival – Clauses concerning payment, confidentiality, intellectual property, indemnity, limitation of liability and governing law survive termination.
