Terms of service
Last updated: January 25, 2021
Welcome to Hostify, a professional property management platform.
The Hostify Platform is owned and operated by hostify.com LLC., a Delaware company located at 8
The Green Suite #4966 Dover. (referred hereinafter as the “Company”, “Hostify” “we”, “us” and “our”, “Platform”).
Please read the whole text of the Terms of Service (the “Terms“). If you are using, accessing or applying to register for Hostify, you agree to be bound by these Terms. If by any reason you do not agree to these Terms, you will be prevented from accessing and using Hostify.
Scope of the terms
These terms aim to set the rules and conditions under which Hostify operates and which should guide the customer throughout its experience with Hostify.
The following terms are used in the these terms of service bearing the following meanings:
“Customer” means the person or entity which interacts in any way with the Hostify platform, including but not limited to buying and/ or using company’s services and thus becomes a subject to these terms.
“Property” refers to each apartment, house or other accommodation or real estate that is managed by customer
“Guest” refers to every person, people or entity, that hired the property for a stay through a booking channel or who has hired the property notwithstanding the means of hiring
“Booking channel” refers to any third-party booking service on which the property is advertised by the customer and through which guests make Reservations for a stay at the property.
“Reservation” refers either to a period of time during which a property is reserved for a stay by guests or to the material representation of such time in the Platform.
“Customer Data” refers to the content, photos, videos, text and any other data submitted by the customer or any user to the Hostify platform or that is submitted to the Hostify platform through the booking channel or other systems on the customer’s behalf or that is submitted by the guest to the Hostify platform, including but not limited to any personal data included in such content, photos, videos and data.
“Personal Data” means any information relating to an identified or identifiable natural person, which information is processed on behalf of the customer. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing of Personal Data” means any operation or set of operations that is performed upon personal data, and includes, without limitation, the following: access, collection, use, retention, copying, recording, organization, storage, adaptation or alteration, retrieval, transmission, dissemination or otherwise making available, and/or disposal or destruction of personal data.
”User” refers to the customer and/ or customer’s employees and other representatives such as directors and property managers, as well as service providers’ and other cooperating partners’ employees and representatives who use the Hostify Platform on behalf of and for the benefit of the customer and usually is an account holder.
“Owner” refers to a particular user, who owns one or more properties, included in the Hostify Platform as a listing and is usually the customer’s clients.
“Supplier” means a third party supplier of service, or other business partner to either party
“Software” means computer software and related documentation, or if none, computer programs consisting of a series of instructions, algorithms, lines of code, application program interfaces and statements in object code or source code form, along with any related materials and technical data, and all textual material relating to and necessary for use of such programs, including without limitation, flow charts, operating instructions, user manuals and related technical information and modifications of such documentation.
“Service” refers to the software and infrastructure in a hosted environment provided and maintained by Hostify to which a customer is being granted access via a web site or another designated IP address.
“Channel Manager” refers to a third-party supplier, which enables the Hostify to connect to booking channels
“Record” means any recorded information used by a customer that has value to the customer for conducting its business or meeting its legal obligations. This includes information created or received in any form, including e-mails, paper documents, electronic documents, database or application information, and other electronic or photographic media.
Scope of service
Hostify provides a property management software and its functionalities, including creating and import of properties in the system, listing management (static data) including description actualization and photos, management of dynamic data including availability, pricing (rates management), minimal stay, reservations management, calendar management, channel management, communication management, including handling inquiries, automatic replies and guest communication as well as reporting, hereinafter collectively referred to as Service, to customers.
In addition, Hostify Platform may provide through its interface an interaction with external third party services, providing additional possibilities for further management of properties such as accounting, automated pricing etc. which might be subject to different terms and conditions.
Hostify does not guarantee the occupancy rate of the properties, nor any expected business outcomes or earnings from using the Hostify Platform as Hostify is not a real estate agent or broker, a travel agent, nor a provider of travel services.
Hostify is not responsible for the conduct and actions that the users engage in, the customer is responsible for these actions including changes, deletion and adding costly features. Hostify is not responsible for any loss of revenue regarding Properties.
The properties listed on Hostify platform are managed by the customer, not by Hostify.
Therefore Hostify cannot be held accountable for the quality, condition, safety or mismanagement of the properties listed on the platform.
Hostify does not provide nor does it control in any way the policies for the use of the properties. This is entirely at the customer’s discretion. This includes cancelling and refund policies. As a general principle Hostify is not part of any dealings between the customer and the guests.
Account and users
Access to the platform
In order to access the platform each customer has to create an account. For the creation of the account, the customer provides Hostify with a dedicated email address which the customer has access to. Depending on the scope of the account, the email address might have additional criteria, which will be clarified between the customer and Hostify during the onboarding process. Each customer might create as many accounts as one finds necessary.
Passwords and Access
Customers will provide and assign unique passwords and usernames to each authorized user. Customer acknowledges and agrees that the customer is prohibited from sharing passwords and or user names with unauthorized users. Customer will be responsible for the confidentiality and use of customer’s (including its employees’) passwords and usernames. Customer agrees to notify Hostify if the customer becomes aware of any loss or theft or unauthorized use of any of the customer’s passwords, user names, and/or other account credentials.
Hostify will make commercially reasonable efforts to promote customer’s successful utilization of the service, including but not limited to maintenance, support, and improvements of the software, providing customers with user guides and on-line help. Hostify agrees to provide immediate assistance to customers in cases of service outages, interruptions, failures of functionalities and any other problems that may arise during the normal utilization of the service by any user.
Modification/ Discontinuation/ Maintenance
Hostify reserves the right at any time and from time to time to modify, temporarily or permanently, the service (or any part thereof), provided such modification does not diminish the functionality of the service to the customer on which the customer materially relies. Notwithstanding the foregoing, Hostify shall use commercially reasonable efforts to notify customer prior to any such modification and inform customer of the duration of any foreseen temporary discontinuation of the service. In the event that Hostify, in its sole discretion, determines that unscheduled intermittent maintenance is necessary, Hostify will use commercially reasonable efforts to notify customers as soon as it becomes aware of such need. Further, Hostify shall consider the customer’s validation needs and requirements in connection with any modification of the service.
Service Extensions or Updates
Customer further agrees that, unless explicitly stated otherwise, any new features that augment or enhance the service and any new service subsequently purchased by customer pursuant to an amendment will be governed by the same terms of service.
Email and Notices
By providing Hostify with an email for the creation of an account (be that account a trial or permanent) customer agrees to accept emails (or other electronic communications) from Hostify at the email address customer specified for the use of the platform. Acknowledgement by an officer of a customer is not required with respect to email communications pertaining to the customer’s routine use of the service, including without limitation communications relating to the support, maintenance, or the updating of the service. Customer further agrees that Hostify may provide any and all required notices including legal notices to customers through email.
Grants of rights
Hostify does not transfer any license to the customers. In order for the customers to use the software, Hostify grants to customers nontransferable, non exclusive worldwide right to permit users to use the service all solely for customer’s own business operations.
Customers grants to Hostify and its suppliers the non-exclusive, non transferable worldwide right to copy, store, record, transmit, display, view, print or otherwise use
- customer’s data solely to the extent necessary to provide the service to customer, and
- any trademarks that customer provides to Hostify and its suppliers for the purpose of including them in the customer’s user interface of the service (“customer Trademarks”).
Customer acknowledges and agrees that customer data and information regarding customer and customer’s users that is provided to Hostify and its suppliers in connection with the use of the software my be
- processed by Hostify and its suppliers to the extent necessary to provide the service and
- transferred outside of the country or any other jurisdiction where customer and customer’s users are located.
In addition, customers agree that it is their obligation to inform customer’s users and guests of the processing of customer data and ensure that such users and guests have given any necessary consent to such processing as required by all applicable data protection legislation.
Customers shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all customer data and information regarding customer and customer’s users.
Customer agrees that the grant of rights to the customer data shall survive termination of the use of service solely for the purpose of storing backup customer data for a maximum period of three (3) months following the termination date.
By providing customer with the services, Hostify does not acquire any right, title and/ or interest in the content material (including but not limited to text, customer-provided software, scripts, trademarks, logos, HTML coding, domain names, links, graphics, audio, video, and any data) that customer makes available for use by users by means of the services (collectively “Content”).
Hostify platform in its whole is the sole property of Hostify and it’s made available only for use by the customers, but not sold. The customers do not have the right to copy, create derivative or modified versions of it, nor to distribute copies to the public by license, sale or otherwise make available for the public.
As a result of the use of the service, Hostify may obtain certain information relating to identified or identifiable individuals (“Personal Data”). Hostify shall ensure its employees, agents, representatives collect, access, maintain, use, process and transfer personal pata in accordance with the requirements set forth in this section.
Hostify shall take all appropriate legal, organizational, and technical measures to ensure the confidentiality of personal data, and protect personal pata against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing, keeping in mind the nature of such data.
Hostify may only disclose Personal Data to third parties (including Hostify personnel), who have a need to know and have signed agreements that require them to protect personal data in the same manner as detailed in these terms of service.
Hostify shall take all reasonable steps to ensure that personal data is reliable for its intended use, and is accurate, complete and current. Immediately upon a customer’s request, or as otherwise may be necessary to comply with these terms of service, Hostify shall correct, delete and/or block personal data from unauthorized processing and/or use. Hostify shall promptly notify customer if it receives any requests from an individual with respect to personal data, including but not limited to “opt-out” specifications, information access requests, information rectification requests and all like requests, and shall not respond to any such requests unless expressly authorized to do so by the customer. Hostify shall promptly and properly deal with inquiries and requests from customers in relation to the processing of personal data.
Security Procedures in respect to Personal Data
Hostify shall maintain reasonable operating standards and security procedures, and shall use its best efforts to secure personal data through the use of appropriate physical and logical security measures including, but not limited to, appropriate network security and encryption technologies.
Representations and warranties
Warranty of Functionality
Hostify warrants to customers during the time they use the platform that the Service will comply with the material functionality described in the scope of service and that such functionality will be maintained in all material respects in subsequent upgrades to the service.
In case of a breach of this warranty Hostify shall use commercially reasonable efforts to correct such errors or modify the service to achieve the material functionality described in the scope of service within a reasonable period of time. However, Hostify shall have no obligation with respect to this warranty claim unless notified of such claim within sixty (60) days of the first material functionality problem. Further, Hostify shall have no obligation with respect to this warranty claim, where any alleged nonconformity is due to (i) user error or (ii) changes of the functioning of a booking channel or (iii) malfunction of a Channel Manager. Hostify does not warrant that the Service will be free of non-material errors, bugs, or interruption, or that all such errors will be corrected.
Hostify warrants that it will, at a minimum, utilize and maintain a backup of the software and customer’s data. Further, Hostify warrants that it will maintain the backup for a period of three /3/ months following the termination date of the customer’s account, or upon receipt of a written notice from the customer that the backup must be destroyed.
Limitation of liability
In any case Hostify shall be held liable only for gross negligence and/ or intend.
Hostify will not be held liable for incidental, consequential, punitive, or exemplary damages arising in connection with this the use of service by the customers or the performance, omission of performance, or termination thereof including, without limitation, lost sales and profits and other business interruption damages, even if the customer has been advised of the possibility of such damages and without regard to the nature of the claim or the underlying theory or cause of action (whether in contract, tort, or otherwise).
To the maximum permitted by law extend the customer agrees to indemnify, defend and hold harmless Hostify and its officers, its employees, agents, and affiliates from any and all liabilities, claims, expenses (including attorney fees), losses, arising out of or in connection with customers use of the service or breach of these terms.
Invoicing and payment
For the use of the service, the customers agree to pay a fee according to either a subscription model or based on an individual offer in writing (email included)
The Hostify agrees to bill the customer on a monthly basis by calculating the aggregated fee.
Hostify will generate a monthly invoice for the use of the service, including any applicable taxes and/ or administrative fees. One complete copy of the invoice is sent to the customer.
The customers agree to pay the fees in full using one of the payment methods, supported by the platform, namely credit card.
Customers may terminate the use of the service by requesting the suspension of its account by contacting Hostify’s Support. Termination will enter into effect once the processing of the request is completed but not before the end of the current billing period. Termination will not relieve the customers from remitting all payments due and will not entitle the customer to any refund.
Hostify reserves the right to suspend customer’s access and/ or use of the service for any account for which any payment is due but remains unpaid after forteen (14) day’s written notice of such delinquency. Customers agree that Hostify shall not be liable to customers, or to any third party, for any suspension of the service resulting from customer’s non-payment of the fees.
Hostify reserves the right to also suspend customer’s access and/ or use of the service for any account for which the company determines that the customer has materially breached these terms and/ or has performed any action that is harmful to the company.
Amendment of the terms
Hostify reserves the right to revise these terms, in whole, or in part, at any time. By continuing to use Hosify Platform and services customers agree to have read our updated terms of service and that customer’s use is subject to it.
In case of legal requirement or necessity, we may also introduce immediate changes to these terms. The latest version of the terms and its effective date will always be accessible on the service.
Governing law and jurisdiction
Notwithstanding the customers’ place of residence or point of access or use of the platform, any action related to these terms of service will be governed by Bulgarian law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these terms or the service shall be subject to the exclusive jurisdiction of the Bulgarian courts.
Hostify shall not be responsible for delays or failures in performance due to causes beyond its control, including, but not limited to acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of Hostify. In case Hostify is experiencing a force majeure event it agrees to give the customers notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
Agreement final and completed
These terms constitute the final and complete agreement between customer and Hostify with respect to the subject matter hereof. No representations, inducements, promises, or understandings in relation to the subject matter hereof, whether oral or written, exist unless expressly set forth in these terms, and these terms supersede all prior understandings, agreements, contracts, or arrangements between the parties, whether oral or written, unless otherwise expressly incorporated in these terms No agreement or other understanding purporting to add to or to modify the terms hereof is binding unless agreed to by duly authorized representatives of the parties in writing. Any terms or conditions in any forms of the parties used in the performance of this Agreement that are in conflict with the terms and conditions hereof are void.
If any provision of these terms is held to be void or unenforceable by any judicial or administrative authority, or is unlawful or unenforceable under any applicable law, the remaining provisions are considered to be severable and their enforceability is not to be affected or impaired in any way by reason of such law or holding.
If any provision of these terms of service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
The failure of the part of Hostify to enforce any right or provision in these terms shall not constitute a waiver of such right or provision.