These terms apply when an agency ("you") uses Nightdesk, run by Daniel in Malta ("we"). Each agency also signs a short order form setting out its price, start date and channels. If the order form and these terms disagree, the order form wins.
1. What we provide
Nightdesk answers enquiries sent to your agency through the channels in your order form, such as your WhatsApp Business number, your website and property portal emails. It replies in your agency's name using the listings, prices, rules and viewing slots you give us, asks qualifying questions, books viewings, and sends your team a summary of each lead.
2. What you provide
- Accurate, up-to-date listings, prices and viewing availability, and prompt notice when a property is let, sold or changed.
- Access to the channels Nightdesk needs, such as your WhatsApp Business account.
- A person on your team who reviews leads and handles anything Nightdesk passes on.
Nightdesk only knows what you tell it. It's built never to invent prices, deposits or policies, and it hands anything it isn't sure about to your team. Final decisions, contracts, deposits and negotiation always stay with your agency.
3. Price and payment
You pay the monthly fee in your order form, invoiced monthly in advance, plus any setup fee. Prices exclude VAT. Invoices are due within 14 days.
4. Term and cancelling
Your order form sets any minimum term. After that, the service runs month to month and either of us can end it with 30 days' written notice by email. When the service ends, we switch off Nightdesk on your channels and delete your enquirers' data within 30 days, after sending you an export if you ask for one.
5. Data protection
You're the data controller for your enquirers' personal data and we process it on your behalf, under the data processing agreement we sign with you. We only use it to provide the service to you.
6. Availability
We aim to keep Nightdesk running around the clock, but it relies on third-party services such as WhatsApp and our hosting and AI providers. We'll tell you promptly about any outage that affects your enquiries and work to restore the service as quickly as we can.
7. Liability
Neither of us is liable for indirect or consequential loss, including lost profit or lost deals. Our total liability in any 12-month period is limited to the fees you paid in that period. Nothing in these terms limits liability that can't be limited by law.
8. Governing law
These terms are governed by the laws of Malta, and the Maltese courts have jurisdiction over any dispute.
Questions about these terms: hello@nightdesk.eu