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Host Assist Terms of Service

Welcome to bnBeyond’s Host Assist Service, a service available through the bnBeyond partner network that allows Hosts to authorize bnBeyond to help manage their Airbnb Listings. (Host Assist)

Your use of the Host Assist Service is subject to your acceptance of these Terms of Service (“Host Assist Terms”) and the bnBeyond Privacy Policy (“Privacy Policy”), and are effective as of the date when bnBeyond invites you to participate in the Host Assist Service, accept such an invitation, or participate in or use any of the functionality of the Host Assist Service, whichever happens first.

1. Host Assist Services
By allowing bnBeyond to manage your Listing, bnBeyond agrees, and the Host authorizes bnBeyond: (i) to act on the Host’s behalf and (ii) to bind the Host and take certain actions permitted by the Host, which may include but are not limited to:

◦ Adjusting the Listing calendar as appropriate on an ongoing basis;

◦ Adjusting the Listing’s Accommodation Fee as appropriate on an ongoing basis;

◦ Accepting and declining Guest Booking requests for the Listing;

◦ Extending, shortening, or otherwise altering Guest Bookings as needed;

◦ Acting as the primary point of contact for Guests of the Listing and be represented as such on the booking platform;

◦ With the Host’s authorization, creating additional Listings on behalf of the Host;

◦ Updating the Listing description, photos, and other Member Content of the Host as needed;

◦ Messaging with Guests of the Listing as needed;

◦ Checking in Guests of the Listing (key exchange, home orientation, and other services as needed);

◦ Checking out Guests of the Listing (key return, Listing inspection, guest assistance, and other services as needed);

◦ Assisting with issues that Guests may have with the Listing during their stay, including key loss, lockouts, emergency maintenance, and other services as needed;

◦ Liaising with Guests of the Listing on potential issues on the Airbnb Resolution Center;

◦ Reviewing Guests of the Listing;

◦ Replenishing necessities in Listing (such as linens, extra keys, toilet paper, trash bags, bath products, etc.)(All cost of supplies is separate, and shall be paid by Host unless otherwise agreed upon by Parties);

◦ Coordinating cleaning after Guest stays;

◦ Resolving disputes with Guests of the Listing; and

◦ Interacting with Airbnb, including Airbnb Customer Support.

2. bnBeyond and the Host acknowledge and agree that an agreement is formed between Host and bnBeyond when you both agree on the services, terms, and any Service Fees and/or One-Time Service Fees (each as defined below, and where applicable). The terms of this agreement include the terms set forth in these Host Assist Terms, the terms proposed and accepted by both the Host and bnBeyond on the platform, and any other terms accepted by both the Host and bnBeyond to the extent such terms do not conflict with these bnBeyond Terms, TOS, Payments Terms or Privacy Policy, and do not expand bnBeyond’s obligations or restrict bnBeyond’s rights under these Host Assist Terms, TOS, Payments Terms or Privacy Policy.

You understand and agree that bnBeyond is not acting as a property management company or travel agency, and this agreement does not provide any additional level of expectations than those laid out in the Host Assist Services or otherwise agreed to.

3. Host Assist Service Fees
The Host agrees to pay the Host Assist fee in consideration for the Services provided by bnBeyond (the “Host Assist Service Fee”). When such an agreement is made, the Host agrees to pay the agreed upon Host Assist Service Fee for any check ins that occur while the services are being provided. 
In addition, Hosts may authorize bnBeyond to provide certain one-time services (“One-Time Services”) for their Listing, in exchange for an additional per-service fee (collectively, “One-Time Services Fees”). Such One-Time Services may include:

◦ Listing optimization (adding or updating Listing photos, description, house manual, and/or Guidebook, and other content as needed);

◦ Purchasing items or repairs for the Listing;

◦ Translating Listing content (Listing description, house manual, Guidebook, etc.); and

◦ Assist with new Listing content suggestions (provide content suggestions for an Accommodation that Host would like to add as a new Listing on the Airbnb platform).

4. Working Together and User Conduct

Both Host and bnBeyond agree to comply with applicable laws, statutes, regulations, ordinances or any order of a court. Also, you agree that you will not violate or infringe anyone else’s rights or cause harm to anyone.
As a Host you remain solely responsible and liable for any and all Listings that are created and posted on the booking platforms, including any Listing created on behalf of and accepted by you. Accordingly, you represent and warrant that any Listing you create and post on the platform, including any Listing created on behalf of and accepted by you, and the Accommodation in that Listing (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Further, as a Host, you remain responsible and liable for your own acts and omissions, including, but not limited to, conduct that causes harm or damage to bnBeyond, that violates these Host Assist Terms or applicable laws.

5. Sharing Your Information
As a Host, by inviting bnBeyond to provide Host Assist Services, you authorize bnBeyond to access your information, data, and Member Content, including Personal Information (as defined in our Privacy Policy), including but not limited to information about you and your Listing (including first and last name, phone number, listing address, email address, password, Payout Method, Payout Method information or tax information.

6. Termination and Disputes between Hosts and bnBeyond

A. Termination
Host may remove bnBeyond from their Listing at any time. Likewise, bnBeyond may remove themselves from the Host’s Listing at any time.   48 hours notice of termination must be given to bnBeyond.

B. Effect of Termination
Upon termination, the Host will remain responsible for all of bnBeyond’s actions prior to removal, including the responsibility to fulfill any pending or future bookings of the Host’s Listing(s) initiated prior to termination. When bnBeyond is removed, bnBeyond will no longer have access to any Host or Guest information related to that Host’s Listing(s) or Account, and will no longer have any right to access the Host’s Listing or calendar. In addition, if you have agreed to a Host Assist Service Fee and/or One-Time Service Fee:

◦ Host agrees to pay bnBeyond for all Host Assist Services and One-Time Services completed prior to the termination (“Final Fee Payment”) within 14 days of termination.

7. Indemnity
Hosts agree to release, defend, indemnify, and hold bnBeyond and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Host Assist Service, your violation of these Host Assist Terms, your activities, your misrepresentations or breaches of any representation or agreement in these Host Assist Terms or the TOS, or your agreements with third parties, including authorized agents, or your violation of any rights of another person or entity.

8. Disclaimers
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE HOST ASSIST SERVICE REMAINS WITH YOU.
IF YOU CHOOSE TO USE THE HOST ASSIST SERVICE, YOU DO SO AT YOUR SOLE RISK. THE HOST ASSIST SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BNBEYOND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE HOST ASSIST SERVICE, BNBEYOND, AND THE LAWS RULES OR REGULATIONS THAT MAY BE APPLICABLE TO THE HOST ASSIST SERVICE.

9. Limitation of Liability
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, USE OF, FAILURE TO USE OR INABILITY TO USE THE HOST ASSIST SERVICE REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BNBEYOND WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF, INABILITY TO USE OR FAILURE TO USE THE HOST ASSIST SERVICE, ANY COMMUNICATIONS, INTERACTIONS, ADVERSE PROCEEDINGS OR MEETINGS BETWEEN BNBEYOND, HOST AND/OR GUEST, OR THE ACTS OR OMISSIONS OF ANY HOST, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BNBEYOND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Severability
If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

11. Updates to these Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the website, applications, or services, which are effective upon posting. By continuing to access or use the Host Assist Service after we have posted a modification, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using the Host Assist Service. bnBeyond reserves the right to change or discontinue the Host Assist Service at any time.