CLIENT TERMS AND CONDITIONS
General Terms and Conditions
- This page establishes the terms and conditions for the [TIDYHOST URL], (the “Platform” or “TidyHost Platform”) owned exclusively by Tidy Host, LLC, a Delaware corporation with a principal place of business located at 150 Orchard Court, Blue Bell, Montgomery County, Pennsylvania, (“TidyHost”).
- For the purposes of this document, a “Host,” “User” or “Client” is a provider of short term rental services for real estate, using the AirBNB platform or other electronic payment and reservation system.
- For the purpose of this document, the “Suppliers” or a “Supplier” are entities that provide services through the TidyHost Platform for Hosts, (the “Services”).
- When accessing, browsing and using the TidyHost Platform, the Host, either individually, or through its authorized agent, acknowledges that such individual has read and agreed to these Terms and Conditions, General Terms and Conditions and Privacy Statement.
- TidyHost retains the right to amend these Terms and Conditions, unilaterally, whenever it sees fit, either for legal or economic reasons, without notice to any Supplier.
Legal Nature of the Relation
- By accepting these Terms and Conditions, Hosts enter into a legally binding contractual relation with Suppliers and TidyHost who furnish Services through the Platform. Suppliers are solely responsible for fulfilling all obligations and guarantees arising from this relationship and/or that are applicable to the provision of the Services. Hosts are responsible to TidyHost for fulfilling all payment terms, communicating with TidyHost regarding Suppliers’ provision of Services and all other responsibilities, as outlined herein.
- TidyHost is an online intermediary of Services, and is the owner of the Platform where Hosts can purchase Services from registered Suppliers. TidyHost eases the process through customer service, billing and online payments services.
- TidyHost is not directly responsible to Host for Supplier’s duty to provide Services, and Host may only enforce its rights against Supplier to receive contracted Services.
Supplier’s Liability Clause
- Services are provided to Hosts solely by registered Suppliers on the TidyHost platform.
- Supplier is wholly and exclusively responsible for the Services provided to Host through the TidyHost Platform.
- Supplier, by accepting a request from the Host or TidyHost, confirms Supplier will carry out the Service according to guidelines based on the industry best practices and any special requirements (if applicable) provided by the Host.
- Supplier is solely responsible for any damage or loss resulting from or related to the provision of Service, including to the delay on the service provision.
- Supplier will be responsible for and compensate TidyHost and/or the Host for any expense, fee, damage or loss, of any nature, in the case of material or personal damage to the User, TidyHost or third parties, resulting directly from accidents or defects in the execution of the service (with intent or negligence), or due to the fact that the Service cannot be completed or is delayed.
- Supplier will be entrusted with keys (including traditional metal keys, biometric access, card access and access codes), to Hosts’ properties. Supplier is fully responsibility for the care and security of all keys required for the services. Supplier is directly responsible to Host for the costs of changing the lock in case of theft, loss or damage to the keys, or any security compromise caused by Supplier.
- The acceptance of services, change requests, time changes, and the sending of notes must be made through the Platform.
- TidyHost reserves the right to determine whether Supplier has delivered conforming Services in the event of a Host complaint. Should Supplier deliver non-conforming Services, TidyHost may deduct the cost of delivering conforming Services from payments due to Supplier, and may, in its discretion deliver a credit to Host.. TidyHost reserves the right to deliver written warnings to Supplier regarding Supplier’s deficiency in Service in lieu of adjust payments due to or from a Host or Supplier. If, in TidyHost’s sole discretion, Supplier has not corrected the deficient delivery of Services, TidyHost reserves the right to cancel Suppliers contract with TidyHost and any Hosts, and charge Supplier for the delivery of Services for which it was responsible for a period of ninety (90) days or until TidyHost contracts with a new Supplier, whichever is less. TidyHost, however, does not warrant or represent that it will actually ensure any Service is delivered in the event of a termination of a Supplier relationship.
- While TidyHost continuously monitors through the Platform, the performs and reviews of Suppliers, TiidyHost does not represent or warrant any performance or delivery of Services and is not responsible to Host for any deficient delivery of Services by any Supplier at anytime.
- Host shall report to TidyHost any conditions which may impede Supplier from performing Services at a Host location, including any force majeure, weather related issues, property damage or condition.
- Host is responsible directly to TidyHost for payment of all Services provided by Supplier. Host shall make all payments through the TidyHost platform.
- In order to guarantee the ongoing quality of Services provided by Suppliers, Host shall complete the TidyHost Scorecard on the TidyHost Platform. TidyHost may refuse payment, or backcharge Supplier in the event a) Supplier fails to deliver Services in conformance with industry best practices, or in the event that a Host documents a reasonable deficiency in the Services which violates TidyHost’s total customer satisfaction principle, as measured by the Scorecard on the TidyHost Platform.
- Host shall accept or reject all Supplier services through the TidyHost platform.
- TidyHost is not responsible to Host for any damages caused by Supplier, and Supplier shall be responsible directly to Host for any and all liability.
- Host shall have at least $1,000,000.00 of general liability insurance covering all activities on its properties, and shall provide TidyHost with proof of such insurance, upon TidyHost’s request.
- Host is required to formally communicate to TidyHost, in writing, any loss or damage suffered within forty eight (48) hours of any accident or damages. Failure to do so shall relieve TidyHost of obligations to undertake corrective action with a Supplier and of any liability related to such damage.
- Host, on behalf of itself and its agents, officers, shareholder, members, partners, directors, managers and employees, (collectively, the “Restricted Parties”), agree not to receive, either directly or indirectly through another entity or person, Services from any Supplier, or such Supplier’s owners, shareholders, members, directors, officers or managers, (collectively, “Supplier and/or Related Parties”), and on behalf of TidyHost for a period of 12 months after Host has received Services through the TidyHost Platform, (the “Circumvention Period”). The Restricted Parties acknowledge that TidyHost has a legitimate business interest in restricting the Restricted Parties’ ability to circumvent the TidyHost Platform and contracting directly without receiving payment directly from any Host, Supplier and/or Related Party, and the Circumvention Period is reasonable and will not unduly burden the Restricted Parties’ ability to conduct its business.
- Restricted Parties shall not pay from any Supplier and/or Related Party outside of the TidyHost Platform. Restricted Parties may be liable to TidyHost and/or the Supplier and/or Restricted Parties for the repayment of any fees paid to a Supplier and/or Restricted Party outside of the TidyHost Platform.
- In addition to non-circumvention, TidyHost has a reasonable and legitimate business interest in ensuring each Supplier meets TidyHost’s total customer satisfaction standards and complies with all sanitation and security protocols. TidyHost has a duty to Hosts to ensure all Suppliers deliver Services according to industry standards.
- TidyHost may, in its discretion, use “Ghost Clients” to solicit business to Hosts to periodically ensure compliance with the Non-Circumvention provisions of this agreement. A Ghost Client is a person who, at the behest of TidyHost’s management requests Host or Host’s employee to circumvent the payment and solicitation provisions of this Agreement.
- Supplier shall not disclose to any third party any facts, data, documents, business plans, business methods, standard operating procedures, marketing plans, strategic planning documents, supplier or vendor identities, or any other information which Supplier would reasonably believe is confidential, (“Confidential Information”), to which Supplier may become exposed during the course of its relationship with TidyHost.
- In the event a Restricted Party violates the provisions of paragraph 4.1 or 4.2, above, the parties understand that TidyHost’s damages will be difficult to quantify solely by monetary damages, and that TidyHost would suffer irreparable harm. As a result, in addition to money damages, TidyHost may seek equitable relief in the form of a temporary restraining order, preliminary injunction or permanent injunction against Supplier, and TidyHost, should it prevail, shall have the right to receive its reasonable attorneys fees and costs.
- In addition to equitable relief, TidyHost shall be entitled to liquidated damages equal to $1,000.00 per violation of section 4.1, above, and not as a penalty, as damages would be difficult to quantify. In addition, TidyHost shall be entitled to receive its reasonable attorneys fees and costs.
- All payments and billing shall be submitted through the TidyHost Platform.
- Payment is due from Host at the time Host orders Services from TidyHost through the TidyHost Platform.
- TidyHost’s liability to Host, if any, shall be limited to any amounts paid by Host to TidyHost for Services on a particular property for a particular engagement. For the purposes of this Agreement an “engagement” shall be the Services Supplier was contracted to deliver in order to prepare a Host property for new guests, and shall end upon Host’s acceptance of Services.
- Host shall immediately inform TidyHost through the TidyHost Platform of any deficiency in Services delivered by a Supplier, and of any disputed billing related to such service deficiency.
- Host shall approve or decline any requests for additional Services or time within 48 hours or receipt of such request through the Platform and tender appropriate payment through the Platform. Host, and not TidyHost, shall be liable to Supplier for any dispute regarding payment for Services or supplies tendered by Supplier.
- Supplier is an independent contractor, and not an employee of TidyHost or any Host. Supplier is responsible for its own tax filings, withholdings. licenses and permits within the jurisdiction in which it conducts business.
- Host represents that it is validly organized and authorized to conduct business in conformance with the statutes, regulations and ordinances, (“Applicable Laws”), of the state and localities where Supplier conducts business.
- Host represents its operations are in compliance with all Applicable Laws for all its operations, particularly those for which it is using the TidyHost Platform.
- Host represents all its employees are fully authorized to work in the United States and each legal jurisdiction in which Seller delivers Services.
- Host represents it has paid all applicable taxes in all jurisdictions, including but not limited employee withholding, payroll taxes and unemployment compensation taxes and premiums;
- Host represents it is not bankrupt or insolvent
- Host represents neither it, nor any of its agents or owners are subject to any lawsuit or administrative enforcement action for violation of any Applicable Law or failure to deliver services.
- Host has reviewed and familiarized itself with the Terms and Conditions for all Suppliers.
- All representation are material inducement by Host for TidyHost to enter into a contractual relationship, and any false representation shall be considered a breach, and shall be ground for immediate termination of this agreement.
- These terms and conditions shall be governed by the laws of the Commonwealth of Pennsylvania, and any dispute shall be resolved by a court of competent jurisdiction having jurisdiction over Montgomery County, Pennsylvania.