Updated May 25, 2023
Parties Involved: These terms and conditions establish the relationship between you (referred to as the "User"), and Fernhost, Inc. ("Fernhost"), a California-based company.
About Fernhost: Fernhost is a web-based software that allows you to create and share information with your guests. This information, known as "Content," includes driving directions, area attractions, and property details, presented in the form of text, photos, videos, and links. The Content is delivered to guests through a digital welcome book displayed on the web.
Responsibility for Content: While Fernhost assists with setting up the Content, it's your responsibility to ensure that it's suitable for your guests. Fernhost is not liable for any events or issues arising from a guest's use of the Content. We provide the means to create and share the welcome book Content and nothing more.
Using Fernhost: When you sign up and click the Submit button, you agree to the terms of this agreement. The agreement remains in effect until you request to delete your account via email to firstname.lastname@example.org.
Free Trial Period and Account Activation: You can use Fernhost for free during the initial 14-day trial period. After that, you need to activate your account to continue using Fernhost. Activate your account through the "Account" tab. If you've been manually invoiced, Fernhost will activate your account upon payment. Note that any invitations or links you've sent to guests will not work
if your account is not activated after the trial period. Ensure that your account remains active.
Payment of Fee: Fernhost collects fees through credit/debit cards via our secure payments provider Stripe.. If you've been manually invoiced, you can pay the invoice online using a credit/debit card. Since we use a third-party payment processor, your credit card information is not seen or stored by us. Visit the Account tab for full account plan options. Suspending your
account for a certain period is not possible.
Termination: You can terminate your account at any time by managing it through the Stripe platform or by notifying Fernhost via email at email@example.com
. Termination takes effect at the end of the current subscription period. Fernhost may terminate the contract if you breach it or due to insolvency.
Consequences of Termination: Upon termination, your license to use Fernhost and your account will be deleted permanently. Ensure that you have a copy of your Content if you wish to use it in the future.
Responsibility for Content: You are fully responsible for the Content in your Fernhost account. This means you accept all liability for any issues that may arise from a guest's use of the Content. Fernhost cannot be held responsible for any claims made by your guests regarding the Content in the welcome pack.
Guests' Receipt of Fernhost: Fernhost is not liable if one of your guests fails to receive the welcome book. It's your responsibility to ensure that your guests have all the necessary information for their stay.
Use of Guest Information by Fernhost: If you enter your guest's information into Fernhost, such as their name, mobile number, email, and stay dates, we will use it to send email or SMS invitations to the welcome book. You must ensure that your guests have given their consent to be contacted in this way. Fernhost will securely maintain this information and will not use it for marketing purposes or share it with any third party unless required by law.
Account Security: When you register on fernhost.com, you create an account. Keep your account information confidential and secure. You are.
Receipt of Fernhost by User's Guests: Fernhost is not responsible if one of your guests doesn't receive the welcome book from you.
It's your responsibility to make sure your guests have all the information they need for their stay at your property.
Use of Guest Information by Fernhost: You can enter your guest's name, mobile number, email, and dates of stay in Fernhost to send them email or SMS invitations to the welcome book.
You must ensure that your guests have given their consent to be contacted using their personal data.
Fernhost will securely maintain the information you provide and will not use it for marketing purposes or share it with third parties, unless required by law.
Your Account: When you register on fernhost.com, you create an account. Keep your account information confidential and don't share it with anyone.
You are responsible for the security of your account and any activities that occur through it.
Notify Fernhost immediately if you suspect any unauthorized use of your account.
User Obligations: Safeguard your Fernhost username, passwords, and other login details from unauthorized access.
You are responsible for any content, materials, and data you submit through your account.
Do not use Fernhost to create a product or service that competes with Fernhost. Make reasonable efforts to prevent unauthorized access to Fernhost and inform Fernhost promptly of any such access.
You will indemnify Fernhost for any losses arising from your misconduct, negligence, or breach of the above obligations.
User Warranty: You warrant that your content does not infringe on any third party's intellectual property rights or rights of privacy.
Your content should comply with laws, not contain defamatory or discriminatory information, be obscene or pornographic, or violate laws regarding unfair competition or false advertising.
Use of Content by Fernhost: Fernhost acknowledges that the content is your responsibility. Fernhost cannot use the content for any other purpose without your prior written approval.
Uninterrupted Fernhost Service: While Fernhost will make reasonable efforts to keep the service available, it cannot guarantee uninterrupted or error-free use. Fernhost is not liable for any losses or damages you or your guests may incur due to downtime or errors.
Ongoing Updates to Fernhost: Fernhost may release new versions or modify the service as expected for software updates.
Intellectual Property Rights: Fernhost owns all intellectual property rights to Fernhost. You can view, download, and print pages for personal use only.
You cannot republish, sell, rent, or exploit the material for commercial purposes. Use of Third Party Services: Fernhost may use third-party services for various aspects of its business.
These services will be covered by written agreements.
Email Communications: Fernhost may send you periodic emails related to Fernhost, including instructional content, tips, industry information, and updates to the terms and conditions.
Disclaimer: Fernhost does not guarantee any specific benefits from using Fernhost, such as generating bookings or revenue.
Fernhost is not responsible for the conduct or behavior of guests who contact you through the platform.
Any disputes between you and guests are not Fernhost's responsibility.
Privacy Statement: We are committed to protecting your privacy. Authorized employees within the company, on a need to know basis, only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The US Government and State of California have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality: Fernhost, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Fernhost, or divulge, disclose, or communicate in any manner, any information that is proprietary to User. Fernhost and its employees, agents, and representatives will protect such information and treat it as
strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by User of these confidentiality obligations which allows Fernhost to disclose User’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
Warranty: Fernhost shall provide its services and meet its obligations under this Contract in a workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Fernhost’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Fernhost on similar projects.
Limitation of Liability: Nothing in this Agreement excludes the liability of Fernhost for death or personal injury caused by Fernhost’s negligence; or for fraud or fraudulent misrepresentation.
Subject always to the clause above:
Fernhost shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or
expenses however arising under this Agreement; and Fernhost’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the fees paid by the Property Partner to Fernhost during the 12 months immediately preceding the date on which the claim arose.
Default: The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the manner provided for in this Contract.
Remedies: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
Force Majeure: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or
caused by such party, or its employees, officers, agents, or affiliates.
ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
Severability: If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Amendment: This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
Governing Law: This Contract shall be construed in accordance with the laws of England and Wales. The parties irrevocably agree that the Courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the agreement.
Notice: Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered by email, return receipt requested, to firstname.lastname@example.org
Waiver of Contractual Right: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.