ENSOURCED, LLC TERMS OF SERVICE
Last Updated Date: 25 October 2017
HOST POLICY
Ensourced, LLC provides this Host Policy as a part of our Terms of Service (available at https://www.ensourced.com/terms) to inform you of additional terms and conditions of using our Site or Services as a Host.
By accepting any Services from us as a Host, you acknowledge that you have read, understood, and agree to be bound to the Terms of Service and this Host Policy.
This Host Policy may be updated from time to time. The most updated version of the Host Policy is available at https://www.ensourced.com/host-policy.
We will notify you of any material changes by posting the new Host Policy wherever it may appear on the Site, and giving you a notification that the Host Policy has been updated according to our Terms of Service. Your continued use of the Services following any changes to this Host Policy will be considered your acceptance to all changes.
You should consult this policy regularly for any changes, and it is your responsibility to become aware of and understand them.
Unless otherwise defined in this Host Policy, capitalized terms have the same meanings as in our Terms of Service.
SERVICES
Host Acknowledgements. If you are a Host and you hire Ensourced to provide you with Services, you acknowledge and agree to the following:
Ensourced is your independent contractor for Services, and we will have no power or authority to bind you, or enter into any agreements on your behalf without your express, prior written consent. You are solely responsible for the selection and hosting of any Guest on your Property, and any rental agreement you have with a Guest will be between you and the Guest. Ensourced will not be a party to any agreement you have with a Guest.
Ensourced may provide some of our Services through one or more third-party subcontractors in our sole discretion, subject at all times to our Services warranties in the Terms of Service.
Ensourced is not a real estate broker, agent, or insurer. We do not, and will not, have any control over, or responsibility for Guests or their actions, and we will not have any liability to you for any damages or losses caused by Guests in connection with any Property rental.
From time to time, and solely pursuant to our performance of the Services, you acknowledge and agree that we (including our personnel in their individual capacities) may act as your trusted contact with any Third-Party Provider according to their terms of service. Notwithstanding any Third-Party Provider terms of service, you acknowledge and agree that you will indemnify, defend and hold our authorized personnel in their individual capacities harmless from any liability for this reason.
Ensourced may provide you with proprietary Content regarding your Property which belongs to us and/or our third-party contractors, or third-party User Content, including but not limited to, photos of your Property, Guest manuals, and copyrighted text, in connection with some Services. If we make any Content available to you as part of our Services, you acknowledge and agree that you are receiving a limited, non-exclusive, royalty-free, and revocable license to use and exploit the Content solely in connection with the Services and your rental of a Property for as long as we provide the Services. If our Services are terminated for any reason, you acknowledge that (a) upon request by the Content’s owner, you must cease using, delete or disable access to any Content delivered in electronic or non-physical formats; and (b) we may remove, or require you to return, any Content and all copies thereof delivered to you in physical formats. You acknowledge and agree that you may not remove, alter, or obscure any notice of copyright, trademark, or other proprietary right which is included or placed on any Content we deliver to you. All Content provided to you is subject to our Terms of Service and is subject to all rights reserved.
Except as otherwise agreed to by you and Ensourced, you are solely responsible for your Property, Property reservations made through Third-Party Providers, and your agreements with Third-Party Providers. We will have no responsibility for your compliance with your agreements with, or duties to, any third-parties (including Guests) as the Property owner under all applicable federal, state, and local laws, ordinances, rules, or regulations. You acknowledge that some jurisdictions may prohibit or restrict short-term rental of a Property you own, and/or require you as a Host to obtain permits, licenses, or other authorizations prior to renting a Property, and that we will have no responsibility to you in these matters. It is your responsibility to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, CC&Rs, bylaws, or HOA rules and regulations as a Property owner.
Except in cases of our sole gross negligence or willful misconduct, we will not be responsible for the actions or conduct of any Guest, including but not limited to, Guests breaching their rental agreement with you. We are not responsible for evicting any Guest. It is your sole responsibility as a Host to evict any Guest that overstays any agreed upon rental period, and we will have no responsibility for any expenses, losses, or damages which you may incur for these reasons.
In the event there are any changes to your ability to rent a Property to a Guest, or any events occur which make a Property otherwise uninhabitable for any reason, which are beyond our reasonable control, you are solely responsible for providing alternative accommodations to any rental Guest and/or for any refund of any fees paid by any Guest.
You are solely responsible for the payment of any taxes which may apply to you as a Host or Property owner. We cannot, and will not, provide you with any advice concerning any tax liability you may have in connection with the rental of your Property.
Duties.
You agree to provide us with true, complete, and accurate information about any Property for which we provide Services.
You agree to provide us with prior notice of any Property CC&Rs, bylaws, or HOA rules and regulations which may materially affect us, or our performance of Services.
You agree to maintain and keep the Property in a safe and secure condition for us, our contractors, and your Guests, and that you will promptly disclose all hazards or other unsafe conditions regarding your Property. You agree that you will not store, or permit to be stored, any firearms, or any other dangerous weapons on the Property which could cause or inflict serious injury to us, our contractors, or any Guest.
You agree to provide us and our contractors with access to the Property in order to perform any of the Services, and that you will not restrict or interfere with us or our contractors in performing any Services while on the premises.
You agree to provide us and our contractors (as applicable) with prior notice of any cancellation, or intent to cancel, any rental reservation as promptly as possible.
You agree to provide all cooperation which we reasonably request in our performance of the Services, and that you will not materially interfere with either a Guest’s enjoyment of a Property during any rental period, or our performance (or the manner in which they are conducted) of Services.
Representations and Warranties. In addition to the representations and warranties set forth in the Terms of Service, you represent and warrant that:
- you are the legal owner, or authorized tenant of any Property which is the subject of our Services;
- you have the full right and authority to enter into the Terms of Service, and this Host Policy, and to carry out any of the duties set forth herein;
- there are no written or verbal agreements, contracts, or understandings with any third-party which would interfere with rental of a Property or any of our (or your) performance under the Terms of Service, including but not limited to any prohibition or restriction against the rental or subletting of any rental Property;
- you will comply with any and all applicable federal, state, and local laws, ordinances, rules, regulations, CC&Rs, bylaws, or HOA rules and regulations concerning your duties or obligations under the Terms of Service, or the rental of any Property;
- the rental of any Property which is the subject of our Services, or the Services we provide in connection with your Property, does not, and will not, violate any applicable federal, state, and local laws, ordinances, rules, regulations, CC&Rs, bylaws, or HOA rules and regulations;
- you have disclosed, and will disclose to us and any Guest, any and all hazards or unsafe conditions regarding your Property, including but not limited to, the presence of lead-based paints, asbestos, urea, formaldehyde, radon, or similar on the Property;
- you have disclosed, and will disclose, to us and any Guest, any and all notice of default, or foreclosure notice concerning the Property.
FEES
You agree to pay all Services fees to Ensourced according with our schedule of fees (the “Fee Schedule”) posted on our Site, or as otherwise agreed in writing upon between you and us. Except as otherwise agreed between you and us, we reserve the right to modify our Fee Schedule in our sole discretion. Except as you and Ensourced otherwise agree, if we modify our Fee Schedule while any requested Services are still ongoing, or are otherwise completed on the effective date of the modification, the fees from the previously effective Fee Schedule will apply for those Services.
However, if you request, and/or accept any Services after the effective date of any modification to our Fee Schedule, and you do not provide us with notice of your intent to terminate your relationship with us under the Terms of Service, you thereby agree to be bound by the terms of the modified Fee Schedule.
Upon our reasonable request, you agree to provide us with a current and valid credit card and/or bank account (holding sufficient credit limit or funds as we may reasonably request) information prior to performing any Services, in order to secure adequate assurance of payment of any applicable Services fees.
You agree that you will be responsible for the payment of all fees for Services rendered, regardless if a rental arrangement with a Guest is cancelled or terminated, provided that the rental is not cancelled or terminated through no fault of Ensourced or for reasons beyond our reasonable control.
From time to time, Ensourced may be required to pay for expenses or third-party fees for Services in emergency situations or unexpected circumstances concerning a Property rental without prior notice to you. You agree to reimburse us for all reasonable costs and expenses which we may invoice to you for these reasons.
It is not intended that Ensourced will collect or receive payment for Property rental on your behalf. However, to the extent we are authorized or instructed to receive such payments, you agree that we may remit the balance of any payment to you, less our applicable fees for Services rendered.
