Management Agreement
PARTIES
This Hospitality Management Agreement (the "Agreement") is entered into on the effective date set forth below by and between Helot company Inc, a Delaware corporation with its principal place of business at San Francisco California ("Helot"), and the property owner(s) identified in the registration submitted by the property owner(s) ("Owner").
EFFECTIVE DATES
This Agreement is effective on the date that the property owner(s) submit their registration and indicate their acceptance of this Agreement (the "Effective Date"). For existing customers, this Agreement supersedes all previous agreements.
In addition, Helot company Inc may work with affiliate and partner networks in which it might receive compensation and share data with, as further described in the Agreement.
Helot company Inc is a hospitality management company that provides a range of services to property owners who want to manage their boutique hotels, motels, short-term rentals, vacation rentals, or corporate housing. Helot's services include:
It's important to note that Helot does not provide cleaning and maintenance services as part of its management fee. Instead, Helot coordinates these services and the cost of cleaning and maintenance is separate and not included in the management fee.
Overall, Helot's services are designed to help hospitality property owners maximize the income potential of their properties, while minimizing the hassle and risk of managing them themselves.
2.2 EXCLUSIVE RESELLER
Owner grants Helot Company Inc the right to promote, market, and rent the rental
inventory at the Property to Guests and potential Guests directly or indirectly including through Third-Party Marketing Sites. You agree that Helot will be your exclusive marketing and booking partner, meaning that you will not advertise (or permit any third party to advertise) your Property, online or offline, through travel agencies, vacation rental marketplaces or listing sites, or via property managers or other services or platforms of any kind, including without limitation Third-Party Marketing Sites or Agents.
This Agreement is effective between you and Helot until terminated (the “Term”).
Owner or Helot may terminate the Agreement at any time as described below.
You may, for any reason and at any time, cancel our Services for all, or a portion of your Property by providing notification via email to hello@helotcompany.com and your termination will be effective 30 days following our receipt of your notice. The terms of this Agreement
shall continue to apply to any Bookings confirmed prior to such notification
and shall remain effective until all 30 days following our receipt of your notice. Helot will invest a significant amount of time and money into creating a professional listing for your Property (the “Listing”). If you elect to leave our service within the first 90 days of your Listing being activated on our platforms or any Third-Party Marketing Site, you agree to pay a $500 early resignation fee to compensate Helot and you authorize Helot to collect the early resignation fee using your credit card or other payment methods on file.
We may, in our sole discretion and without liability to you, with or without cause, for any reason or no reason at all, and with or without prior notice suspend or terminate your access to our Services; or modify or discontinue, temporarily or permanently, any portion of our Services. If
Helot terminates this Agreement and your access to our Services, Helot will notify you and the termination will be effective on the date identified in the notice. If Helot terminates this Agreement due to your breach, any existing Bookings at your Property will be handed over to you.
You are solely responsible for maintaining and repairing your Property, as well as obtaining adequate insurance coverage. As between you and Helot, you are solely responsible for any risks related to renting your Property. Helot does not provide property insurance for your Property. You must provide proof of coverage to Helot upon request. Third Party Channels or Guests may adopt a damage waiver program or purchase supplemental insurance, but it does not alter your responsibility to insure your Property and protect your interests.
Your Property must meet Helot's established standards. Specifically, it must be Safe, Clean, Guest Ready, and As-Advertised. You are solely responsible for meeting these standards for every Booking. If your Property fails to meet the Four Core Property Standards, Helot may make reasonable accommodations for Guests and charge you for the cost. Accommodations may include refunds, service partner engagement, or Guest financial credits, each in Helot’s sole discretion. Failure to meet the Four Core Property Standards may result in suspension or termination of our Services.
Short-term and vacation rentals may be restricted or regulated in some areas, and your Property may be subject to your local, state, or federal laws or regulations. You agree to comply with all applicable laws and regulations, including those related to accessibility, discrimination, safety, and building standards.
Short-term rental laws may require permits, licenses, or other regulatory approvals. You represent and warrant that your Property complies with all applicable laws and regulations, and that you have obtained all required permits, licenses, or permissions. If you become aware of any applicable laws or regulations, you must promptly notify Helot. You are responsible for any fines, penalties, or costs of noncompliance.
Helot will gather information and take photographs of your Property to create a Listing. Your Listing will be distributed on your property Site and Third-Party Marketing Sites. Helot representatives may visit your Property for photography and inspections.
Helot will manage booking reservations with Guests for your Property, subject to the terms of the standard Rental Agreement and any additional terms or policies agreed upon in your Listing (a “Booking”). Helot will not contact you prior to confirming a Booking and you must honor all Bookings.
Your Property's availability calendar on our Site and Third-Party Marketing Sites will be based on the information you provide. You must keep your calendar updated with your personal usage, seasonal blocks, maintenance blocks, and any other periods when your Property is unavailable for Bookings. You must honor all Bookings, and failure to do so will be considered an Owner Cancellation.
While Helot can manage and facilitate communication with vendors and service providers that you hire, and also suggest vendors and service providers for clients who don't have any preference, it is important to note that Helot cannot be held responsible or liable for the performance of these services. This includes any agreements made with service providers that were introduced by Helot or not.
6.0 Owner Account and Listing Information
6.1 Accuracy of Property Information
Owner must provide to Helot accurate information about the Property whether on the Site or over the phone. Helot uses Owner-provided information to build Listings and advertise the Property. Owner must inform Helot of any policies or fees related to the Property, including pet and/or smoking restrictions, directions, entry instructions, local contact numbers, and any additional details that Guests may require in order to book and enjoy Owner’s Property.
6.2 Owner Booking
You may reserve your Property by contacting us via Website, App, or through our Support Agents for the dates you wish to reserve, and you shall comply with the availability and applicable check-in/check-out procedures on your property Site.
6.3 Guest Rental Agreement
Owner will enter into a Rental Agreement with a Guest, and the Rental Agreement will incorporate by reference all information provided in the Listing. Helot may revise the Rental Agreement at any time without prior notice to you. All information required for a Guest to understand or accept the Rental Agreement will be described on the Site. You agree not to interfere, terminate, or disrupt any Booking made in accordance with this Agreement.
7.0 Helot Fees
7.1 Management Fee
In exchange for the Services rendered, Helot charges a Management Fee on all non-tax portions of the Rate, mandatory fees, and optional fees paid by the Guest for each Booking.
7.2 Technology Fee
Helot charges a technology fee to cover the expenses associated with using SaaS technologies. This fee will be variable, based on what we spend each month, and it will help us to ensure that we have the necessary resources to provide you with the best possible services.
7.3 Asset Procurement Services
Helot will provide asset procurement services to the property owners at a fee of 10% of the asset's cost. The fee covers Helot's support with purchasing logistics, follow-up, and installation supervision.
8.0 Owner Payments and Payment Terms
8.1 Payment Terms
Helot will pay the Owner after deducting the Helot Fees and other authorized deductions. Payment is made available for withdrawal the day after the Guest's check-out. For bookings longer than 30 days, the payment will be made available a day after every 30 days. Helot reserves the right to set off or deduct from the Owner's payment any amounts owed by the Owner to Helot. Helot may also delay or cancel the payment to prevent unlawful activity, fraud, risk assessment, or investigation.
8.2 Payment Calculation
The Owner's payment is calculated as the total Rate paid by the Guests or Third-Party Marketing Sites after the deduction of the Helot Fees and other authorized deductions, which may include taxes. If a Guest cancels a booking eligible for a refund, the Owner will not receive a payment for such booking.
8.3 Payment Service Providers
We partner with Payment Service Providers. To receive payment, the Owner must open and maintain an active Account with one of our partner payment service providers available in their country. The Owner authorizes Helot to conduct payment-related activity on their behalf, including crediting payments, debiting chargebacks, refunds, fees, and other amounts. If Helot cannot collect an owed amount from the Owner's Payment Account, they can recapture the amount from the Owner's credit card or bank account.
9.0 Owner Cancellation; Sale of Property
9.1 Owner Cancellation Policy
Helot relies on your calendar to book Guests, and you must honor all Bookings. If you cancel a Booking (an "Owner Cancellation"), Helot may have to offer a refund, alternative accommodation or credits to satisfy the Guest.
9.2 Notice
You must notify Helot promptly of any Owner Cancellation.
9.3 Cancellation Charge
Helot will charge and debit your account following each Owner Cancellation as per the Owner Cancellation Policy.
10.0 Tax
10.1 Owner's Tax and Regulatory Responsibilities
It is the sole responsibility of the Owner to collect, report, and remit any applicable Taxes and Regulatory Fees or Levies. In some markets, Helot may provide tax rates to your property Site and Third-Party Marketing Sites, and report to you the amount of taxes collected for each Booking. Helot will deliver those amounts to you as part of the Owner Payout and identify which portions were collected for tax purposes.
10.2 Tax Collection and Remittance
If government authorities or regulations require it, Helot will collect and remit taxes related to Bookings and notify you of the tax amounts collected. In some cases, Helot may choose to collect and remit Taxes and Regulatory Fees, even if not required to do so. You must provide all information required by Helot to collect Taxes when requested.
10.3 Income Tax and Responsibility
You're solely responsible for determining your income tax obligations related to Bookings or Owner Payouts. Helot won't advise you on income tax matters and Regulatory Fees and Levies, and you're responsible for any tax liability associated with Bookings or Owner Payouts.
11.0 Other Products, Advertising & Third-Party Content
11.1 Right to Sell Other Products
Helot has the right to sell ancillary products and services, for a commission, to you, other Owners or Guests (e.g. insurance, car rentals, airfare, keyless entry locks, smart home devices, etc.).
11.2 Advertising
Helot may display advertising information on their Site and/or Services at their discretion, but this does not entitle you to any advertising fees or revenues unless specifically agreed to in writing. Any business dealings with advertisers found on or through Helot's Services are solely between you and the advertiser. Helot is not responsible for any loss or damage resulting from such dealings or the presence of advertisers on their services.
11.3 Third-Party Content
12.0 Content, Privacy, Restriction
12.1 Helot Content
Helot has the right to collect and analyze data and other information related to the provision, use, and performance of the Services, Listings, Bookings, Property, and related systems and technologies. Helot may use such information and data to improve its products and services and for other development, diagnostic, and corrective purposes. Helot may disclose such information to potential purchasers of Property in an aggregated or anonymized form that does not identify Owners or Guests.
12.2 No Obligation to Post Content
Helot has no obligation to post any content from you or anyone else. Helot may, in its sole discretion, edit, remove, or delete any content that you post or submit.
12.3 You Grant Us a License
By submitting any content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed, and promote such content in any form and for any purpose, subject to the Privacy Policy.
12.4 Content Restrictions
13.0 Helot Proprietary Rights
13.1 Our Intellectual Property
Material on our Site (excluding third-party content) is protected by applicable intellectual property laws. You may not copy, distribute, modify, sell, or create derivative works from our materials without our permission. Helot Photos and the Listing are Helot's intellectual property and may not be used without written consent. Helot trademarks are protected by law; you agree not to use them for any purpose.
13.2 Your Use of Our Intellectual Property
You may not systematically retrieve data from our materials and documentation without permission. You may not display any part of our materials and documentation without written consent, except for ordinary links to our homepage and use of provided HTML code.
13.3 Your Feedback
14.0 Limitation of Liability
14.1 Limitations of Liability
This section outlines the limitations of liability for Helot, its subsidiaries, affiliates, officers, directors, consultants, agents and employees, and any third-party providers of a service or tool offered on any site of a member of the Helot Group. They will not be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
(a) Helot's services,
(b) This agreement,
(c) Any breach of this agreement by you or a third party,
(d) Any user-contributed content, or
(e) Interaction between Helot's site and any third party site, including without limitation a social media site or marketing partners' sites, facilitated by a tool or service on Helot's site.
These limitations and exclusions apply without regard to whether the damages arise from:
(1) Breach of contract,
(2) Breach of warranty,
(3) Strict liability,
(4) Tort,
(5) Negligence, or
(6) Any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
14.2 Remedies
If you are dissatisfied with Helot's services, you do not agree with any part of this agreement, or have any other dispute or claim with or against Helot, any third party provider, or any user of the site with respect to this agreement or Helot's services, then your sole and exclusive remedy against Helot is to discontinue using Helot's services.
In all events, Helot's liability, and the liability of any member of the Helot Group, to you or any third party in any circumstance arising out of or in connection with Helot's services is limited to the greater of:
(a) The amount of fees you paid to Helot in the twelve months prior to the action giving rise to liability, or
15.0 Disclaimer
15.1 No Warranties
We provide our Helot services, including content, software, materials, and functions, on an "as is" basis. We make no warranties or representations about our services, the content on the site, or the materials, information, and functions that the software provides on or through the site. We do not guarantee any products or services or any hyperlinks to third parties, nor do we provide any assurances of security breaches that might occur while transmitting sensitive information through the site or linked sites, even if we become aware of such breaches..
15.2 disclaimer of express and implied warranties
16.0 Release and Indemnification
16.1 disputes with other users or third party providers
If you have a dispute with any other users of the Site or with any third-party provider or website that may be linked to or from the Site, you agree to release and discharge each member of the Helot group, their agents, directors, officers, employees, and all other related persons or entities from any and all claims, complaints, demands, legal proceedings, liabilities, obligations, costs, and disbursements arising from or related to such disputes, including any disputes related to transactions or user-contributed content, social media sites, or marketing partner's sites. This release applies to any nature of rights, whether known or unknown, connected with the dispute and your use of the Helot Services.
16.2 california residents waiver or civil code section 1542
17.0 Disputes and Arbitration
17.1 helot's right to modify or amend this agreement
Helot’s right to modify or amend this agreement, in whole or in part, does not apply to this “disputes and arbitration” section. The version of this “disputes and arbitration” section in effect on the date you last accepted this agreement controls. helot is committed to customer satisfaction and will try to resolve any concerns. if resolution is not possible, you may pursue claims as explained in this section.
You agree to give us an opportunity to resolve any claims by contacting us at hello@helotcompany.com if we cannot resolve your claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all claims will be resolved by binding arbitration, except for claims in small claims court. this includes claims against helot, its subsidiaries, guests, other users, or companies offering products or services through helot. this also includes any claims that arose before you accepted this agreement, regardless of whether prior versions of the agreement required arbitration.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, and the decision of the arbitrator shall be final and not appealable. to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to “hello@helotcompany.com."
18.0 Jurisdiction
19.0 General
19.1 Entire agreement
This Agreement incorporates by reference all policies and guidelines posted on the Site and as may be modified thereafter (including the Privacy Policy, the General Terms and Conditions, the Core Property Standards, and any applicable state addendum), and constitutes the entire agreement between us and you with respect to the matters set forth herein, and supersedes any prior agreement between us and you with respect to your use of our Services.
Headings in this Agreement are for reference only and do not limit the scope or extent of such section. In the event of any conflict between this Agreement and any other terms and conditions applicable to a product, tool or service offered via our Services, this Agreement shall prevail.
If any portion of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect.
Further, any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
19.2 assignment
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