Host Services Agreement

1.     Startle Industries – Host Services Agreement

2.      Last modified: August 26th, 2016

This Agreement is entered into between you (the “Host”, “you” or “your”) and Startle Industries Inc. (“Startle Industries”, “we”, “us” or “our”), under which Startle Industries will provide certain services to you with respect to the listing and rental of your Accommodation.

By accepting the terms hereof, you acknowledge that you have read, understand and agree to comply with and be bound by Startle Industries’s Terms of Service (the “Terms”), as published from time to time at https://www.startle.company, into which this Agreement is incorporated. Capitalised terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

As set forth in the Terms, Startle Industries reserves the right, at its sole discretion, to modify, discontinue or terminate any Host Services, at any time and without prior notice. If we modify the Host Services or this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last modified” date at the top of this Agreement. By continuing to use Host Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host Services.

3.       Startle Industries Host Services

The following services (“Host Services”) will be provided by Startle Industries to a Host that registers on the Site:

  1. Listing Assistance. Startle Industries will assist the Host with creating and optimising the listing of an Accommodation on one or more Third Party Platforms (“Listing”). Startle Industries’s Listing services may include a recommendation regarding the optimal price for a listing. Host acknowledges and agrees that Host is responsible for the accuracy of all Listing information.
  2. Guest Selection. Startle Industries will assist the Host with screening and selecting potential guests. Host acknowledges and agrees that the Host is solely responsible for selecting Guests. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. Host acknowledges and agrees that Startle Industries is not your agent and will not negotiate or execute agreements with Guests on behalf of the Host. Startle Industries will not be a party to any agreement between Hosts and Guests.
  3. Dashboard Reporting. Startle Industries will provide a dashboard to Hosts on its Site to review certain information relating to its Accommodation, such as a calendar of selected and available dates, Guest information and Listing revenue.
  4. Guest Communication.Startle Industries will receive and attempt to communicate with potential guests to provide information about a Listing and resolve questions and complaints. Startle Industries will also attempt to communicate with Guests prior to, during and after their stay to assist Hosts and Guests with a smooth stay. As reasonably necessary, Startle Industries will assist Hosts and Guests with unexpected events such as lockouts.
  5. Routine Maintenance Startle Industries will perform routine maintenance on the property as it sees fit. Startle Industries will automatically resolve all maintenance issues that are quoted below the Host’s maintenance pre-approval limit. By default the maintenance pre-approval limit is set at $250, Hosts have the ability to set this as high as $1500.
  6. Routine Cleaning.Startle Industries will provide cleaning services for Accommodations after the completion of a stay.
  7. Remittance of Funds. It is not expected that Startle Industries will collect or receive funds on behalf of Hosts. If Startle Industries receives any funds from Guests, to which a Host is entitled under its agreement with a Guest, as soon as practicable after receipt, Startle Industries will remit the funds to the Host, minus any fees payable by Host to Startle Industries.
  8. Airbnb Resolution Handling From time to time Startle Industries may add itself on the Host’s listing platform account as a trusted contact to resolve issues, on behalf of the owner, where Startle Industries is at fault. It is at Startle Industries’s full discretion to decide participation in the event of a resolution on the Host’s listing platform.
  9. Guarantee Offering. Startle Industries may offer the Host a Reservation Guarantee. For the purposes of this Agreement, a “Reservation Guarantee” is a guaranty by Startle Industries that an Accommodation will generate a certain amount of revenue during a certain period of time. If the Host selects the Reservation Guarantee, the Host hereby agrees to accept any Listing price or Listing terms required by Startle Industries. The Reservation Guarantee program may have different terms and conditions for which you may be required to agree in order to accept the Reservation Guarantee
  10. Booking.com. In the event that the Guest’s reservation on Startle Industries’s Platform takes place via Booking.com, the following special rules/policies apply:
    • Booking.com’s Fee. Booking.com’s reservation fee is 12% and is charged in addition to Startle Industries’s Reservation Fee (as defined below). Startle Industries retains the right to increase the Host’s booking rate upward in order to compensate the Host for Booking.com’s higher reservation fee. The Host agrees that such increase falls within Startle Industries’s absolute discretion and that the Host has no right to such increase due to Booking.com’s higher reservation fee.
    • Payment Process. Startle Industries collects the Accommodation Payment and pays it out to the Host via the Automated Clearing House (ACH), following a deduction of Startle Industries’s Reservation Fee and Booking.com’s reservation fee. Payments are processed via the ACH at 11am Pacific Time Zone, the day after the Guest checks out. Payout is dependent on the Host’s billing schedule, which is adjustable on the Startle Industries Owner Dashboard.
    • Cancellation Policy. In the event that Host has to cancel a Booking.com reservation that is made via Startle Industries, Booking.com will seek alternative accommodation for the Guest at the Host’s expense. Host is solely and fully liable for all fees, costs, penalties and other expenses (including without limitation, all costs of securing alternative accommodation for the Guests) associated with the Host’s cancellation of any Booking.com reservations made through Startle Industries. Startle Industries is not responsible nor liable in any way for any fees, costs, penalties or other expenses associated with Host’s cancellation. Startle Industries does not charge any additional fees and/or penalties for Host’s cancellation of Booking.com’s reservation apart from Booking.com’s cancellation fees if any. Startle Industries will cooperate with the Host and Booking.com in order to facilitate the transition to an alternative accommodation following a Host’s cancellation. Please visit Booking.com’s Terms of Use here for more information regarding Booking.com’s terms, cancellation fees and process.

Host acknowledges and agrees that Startle Industries may provide the Services through one or more third party vendors in its sole discretion. Startle Industries agrees to provide the Services is timely and professional manner in accordance with this Agreement, but Startle Industries makes no warranties of any kind, express or implied, with respect to the Services to be provided here under. This Agreement is subject to the limitations of liability set forth in the Terms.

You acknowledge and agree that you are responsible for any and all Listings. Startle Industries assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighbourhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found here.

4.      Duties of Client

In connection with the Services, you agree that you will do the following:

  1. Compliance with Law. You are solely responsible for compliance with all applicable laws and regulations.
  2. Compliance with Agreements. You agree that you will not breach any agreements you have entered into with any third parties, such as Third Party Platforms, homeowners association, condominium, lease or rental agreements.
  3. Third Party Platform.You will use a Third Party Platform for Listings of your Accommodations.
  4. Information in Listings. The information you provide to us and use in Listings on Third Party Platforms will be true and accurate in all respects. You agree that you will be responsible for establishing and maintaining your Listing, including without limitation, selecting the price, updating factual information and providing any required legal disclosure, whether or not any information or pricing was recommended or required by Startle Industries. While you have the ultimate control of your Listing, you understand that Startle Industries may request that a Host revise a Listing in accordance with this Agreement. If a host refuses to revise a Listing per the request of Startle Industries, Startle Industries may immediately terminate this Agreement and your registration on the Site. Under no circumstances will Startle Industries have any responsibility for any misstatement, error or omission in any Listing, whether or not Startle Industries suggested or required such information in a Listing.
  5. Eviction. Startle Industries will not be responsible for evicting Guests. If any Guest stays beyond the period agreed upon between the Host and the Guest, Host will have the sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process.
  6. Insurance. Host agrees to carry at his/her own expense property and liability insurance, each in an amount not less than $500,000, naming Startle Industries, in form and substance reasonably satisfactory to Startle Industries. Host agrees to furnish Startle Industries with certificates evidencing the existence of such insurance upon request. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements.
  7. Taxes. Host will be solely responsible for preparing and paying Guest’s own income tax return. Startle Industries is not responsible for advising Host with respect to taxes owed with regards to the Accommodation or any transactions contemplated by or facilitated by this Agreement.
  8. Routine Maintenance. You are responsible for routine maintenance to the Accommodation. Startle Industries will have no obligation to notify Host of, or provide any routine maintenance. Host may request that Startle Industries complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If Startle Industries notifies Host of maintenance that needs to be performed, Host agrees that it will timely complete such routine maintenance at its sole cost.
  9. Emergency Maintenance. If Startle Industries believes that emergency maintenance is required to protect or preserve the Accommodation from damage or to maintain services to a Guest, Startle Industries may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by Startle Industries in connection with providing emergency maintenance will be reimbursed by the Host. Startle Industries will attempt to communicate with Host regarding the need for emergency maintenance and steps being taken, but in no case will Host be relieved of liabilities incurred pursuant to the performance of emergency maintenance.
  10. Platform Access.For the duration of Startle Industries management, Homeowner is not permitted access to their Airbnb account to perform any management functions. These management functions include but not limited to; reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers, or extending refunds.
  11. Guest Relocation Startle Industries is not responsible for relocating guests. If Startle Industries is at fault for the need to relocate guests due to a problem that is making the property uninhabitable Startle Industries will attempt to rectify the problem to avoid relocation. In the event that relocation is necessary, as determined by Startle Industries, Startle Industries will communicate with the guest via email to give them an option between an immediate refund on behalf of the owner or additional hotel options.
  12. Safety and Security.Host is responsible for the placement of both Startle Industries lock boxes on or near their property. It is the Host’s responsibility to make sure that the lock boxes are secured. If the lock boxes are placed off the Host’s property, the host is responsible for getting the proper permission to use that location. Including but not limited to, Startle Industries is solely responsible for communicating to guests and Startle Industries vendors for the benefit of access the property. Hosts will not have access to Startle Industries lock boxes. Hosts should not rely on Startle Industries for access to their property. In extenuating circumstances, decided upon by Startle Industries, Startle Industries will provide the host with temporary access to Startle Industries.
  13. Firearms. The Host should never under any circumstances store firearms on the property, (including any firearms in a locked closet or safe) or any kind of dangerous weapons that can may cause or inflict serious injury to the Guests or the cleaning personnel.
  14. Owner Interference. In connection with Startle Industries’s Services, the Owner may not and agrees that he will not:
    • return to or access the property during Guest days;
    • allow friends, family and/or third parties to enter the property during Guest stays;
    • stalk or harass the Guests during the Guest days;
    • interfere in any way with the services of the cleaning personnel, such as turn them away and restrict their access to the property and access the property while the cleaning personnel is performing the cleaning and interfere with the cleaning process;
    • interfere in any way with Startle Industries’s communications with the Guests, such as communicate in any way with the Guests on behalf of Startle Industries, change the checkout dates and accept reservations on behalf of Startle Industries; and/or
    • arrange for construction on or outside the Premises without prior written notification to Startle Industries at least fifteen (15) days in advance.

5.      Fees

  1. Schedule of Fees. Startle Industries will post a schedule of fees (“Schedule of Fees”) for its Services under this Agreement on the Site. Startle Industries may modify the Schedule of Fees at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement after the Schedule of Fees has been modified, Host is agreement to be bound by the new Schedule of Fees.
  2. Minimum Reservation Fee. In addition to fees set forth in the Schedule of Fees, from time to time, and in its sole discretion, Startle Industries may charge the Host a minimum reservation fee of $29.00 per reservation.
  3. Additional Pet Fee. In addition to fees set forth in the Schedule of Fees, If the Host permits any Guest to bring pet(s) to the Accommodation, Host agrees to pay Startle Industries a non-refundable pet fee of up to $40.00 for the extra work involved in the cleaning and other related services related to the pet(s).
  4. Payment of Fees. Host hereby agrees to provide and maintain a current credit card or bank account information with Startle Industries. Host hereby authorizes Startle Industries to charge Host’s credit card or bank account for any amounts owed by Host to Startle Industries under this Agreement. Startle Industries agrees to waive any fees set forth in the Schedule of Fees if it fails to meet the Reservation Guarantee in accordance with the terms of the Reservation Guarantee.
  5. Minimum Deposit. Startle Industries may, in its sole discretion, maintain a minimum deposit of up to $100.00 from Guest to cover any fees.
  6. Promotional Offers. Guest acknowledges and agrees that any time-based promotional offer, such a one-month free, refers to reservations made during the time period of the promotion. For example, if Startle Industries agrees that the month of November is free, a reservation that is made in November for a stay in December is not free and thus subject to the Schedule of Fees.
  7. Termination of Host Services Fee. Host agrees to pay any fees for Host Services provided by Startle Industries, plus a cancellation fee of $100.00, if Host terminates this agreement for any reason prior to renting the Accommodation. If the Host is an Authorized Tenant, Host agrees that the termination fee will be increased to $250.00 and applies if Host terminates this Agreement for any reason prior to completing fifteen (15) reservation at an Accommodation.
  8. Host Booking Cancellation Fees. If the Host is an Authorized Tenant, Host agrees to pay a cancellation fee to Startle Industries of $25 if the Host cancels a Guest reservation within the time-frame during which a Third Party Platform allows a Guest to cancel the reservation for a full refund. If an Authorized Tenant Host cancels a Guest reservation outside of the time-frame during which a Third Party Platform allows a Guest to cancel the reservation for a full refund, Host Agrees to pay a cancellation fee to Startle Industries of fifty percent (50%) of the full Listing price up to a maximum of $250.00.
  9. Guest Booking Cancellation Startle Industries has the following Guest cancellation policy: For any booking cancelled 7 full days prior to listing’s local checkin time on the day of checkin, Startle Industries will refund 50% of the accommodation fees. No refund will be given If the Guest cancels less than 7 days prior to prescribed checkin date. Cancellations due to extenuating circumstances the Host may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation to the Host, Startle Industries, and the booking platform. In the event a refund within the 7 day window occurs, Startle Industries charges its fee on the entirety of the reservation fees.
  10. Disclosure of Other Fees. Startle Industries may from time to time, in its sole discretion, provide or arrange services for Guests, including but not limited to equipment rental (cribs, linens, etc.), trip insurance, tenant damage insurance, long distance telephone service, special event bookings and other special services requested by Guests. Host acknowledges and agrees that Startle Industries may receive additional fees from Guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to Startle Industries. Startle Industries may also charge and retain reasonable administrative fees to Guests.

6.       Host’s Representations and Warranties

In addition to the other representations and warranties set forth in this Agreement and in the Terms, Host represents and warrants that:

  1. Host is a legal owner or Authorized Tenant of the Accommodation and has full authority to enter into this Agreement and to use Startle Industries for the Host Services under the terms of this Agreement.
  2. If Host is an Authorized Tenant, there are no written or oral restrictions on further leasing or subletting the Accommodation that would interfere with the Listing of the Accommodation on a Third Party Platform or otherwise temporarily leasing the Accommodation to Guests, or any other actions contemplated by this Agreement.
  3. To the best of the Host’s knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
  4. To the best of the Host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.
  5. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
  6. GUEST HEREBY ACKNOWLEDGES THAT Startle Industries IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. Startle Industries HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

7.      Indemnification

Host agrees to defend, indemnify and hold harmless Startle Industries, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Host Services performed by Startle Industries under this Agreement other than those arising because of gross negligence or intentional misconduct by Startle Industries or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; (3) any error of judgement by Indemnitees or any mistake of law or fact by Indemnitees; and (4) to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

8.       Term and Termination

  1. Term. This Agreement is effective from the first date you use the Host Services and will continue until terminated by either party in accordance with this Agreement.
  2. Termination by Cancellation of Registration. The cancellation of your registration on the Site for any reason will automatically terminate this Agreement.
  3. Termination by Notice. Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause by giving seven (7) days’ prior written notice to the other party. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is seven (7) days after the notice is delivered.
  4. Upon Termination. Upon termination of this Agreement by Startle Industries, Startle Industries will cease providing any Host Services to the Host on the date of termination. Upon termination of this Agreement by Host, Startle Industries may continue providing Host Services to the Host for any stays that were booked on or prior to the date of Termination.

9.       Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit Startle Industries, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express Startle Industries, but may be freely transferred, assigned, or delegated by Startle Industries.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Host breaches any term of this Agreement and Startle Industries decides to take no action or neglects to do so, then Startle Industries will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Startle Industries and Host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

 

Our Services

Every service your business needs all in one place. Let us help turn your dream into reality.

Procurement

Business Mentoring & Coaching

Property Management

Car Rental Management

Startup Business

From creation to support we are here to help you in your new business every step of the way. From ready made businesses to help with your current one, we have it all.

Eco Advertising

Our very own advertising division that doesn't cost the earth.

App Development

Get a feature rich mobile app that drives customers right to your door. Don't let your business fall behind, join the mobile revolution today.

Business Branding

Graphic design, logos, website development, mobile application creation and more. Let Startle help you develop your own unique style into a successful business identity.

Car rental Rent your spare car to us and make $$$

Don't let that car just sit there. Get it earning its keep, earn $10 000 per year and let us manage your car rental Protection $1,000,000 primary insurance included. Drivers are screened to ensure they have a safe driving record. Flexible You decide where to share your car and use it when you want. Convenient When you're not using your car, our community can rent and unlock it with our app.

What Our Clients Say

What past clients have to say about us...

"Hundreds Of Phone Calls!" I recently used the bicycle advertising service and it was amazing. The attention, exposure and hundreds of phone calls I've gotten from the campaign were fantastic! This is a great service and I would definetely use it again!

Electricity Wizard Alan Belkin, Managing Director Electricity Wizard

"They We're Wonderful!" SpaceAds were wonderful in coming with some novel and fun ways to spread our message. The bikes looked fantastic and the kites were a great idea for getting our message across..

The Greens Dinesh Matthew Green Party Australia

"Two Thumbs Up!" Aside from providing a quality service, Startle also understood and catered to our specific needs, and added a lot of value to the event we were organizing with their fun and attractive advertising! I give their service two thumbs up and highly recommend it!

Malaysia Week Izhar Moslim, Event Director Malaysia Week

"Great Advertising Campaign" Startle did a great outdoor advertising campaign for the L'Oreal Melbourne Fashion Festival. By having the guys ride around key shopping destinations it kept our brand top of mind and captured people from the street to our consumer event.

Melbourne Fashion Festival Chauntel Scar, General Manager L'Oreal Melbourne Fashion Festival