1. Services Provided. Provider agrees to design, build, and host a direct booking website for Client's short-term rental property or properties (the "Website"), and to provide ongoing hosting and support services under the Direct Booking Care Plan, as described at the time of purchase. Services are limited strictly to website design, development, hosting, and technical support.
2. Not a Real Estate or Property Management Service. Provider is a website design and technology vendor only. Provider does not manage, list, book, or operate Client's rental property, and is not a party to any transaction between Client and Client's guests. Provider does not provide real estate brokerage, property management, hospitality, or hosting services of any kind.
3. Client Responsibilities. Client is solely responsible for all interactions and disputes with guests; guest damages, injuries, or claims arising from the rental property; setting and collecting lodging, occupancy, and sales taxes as required in Client's jurisdiction; obtaining and maintaining any permits, licenses, or registrations required to legally operate a short-term rental; carrying appropriate insurance; and complying with all applicable local, state, and federal laws governing short-term rentals. These requirements vary significantly by location, and Client is responsible for confirming what applies to their specific property.
4. Payment. Client agrees to pay the one-time setup fee and recurring monthly fee shown at the time of purchase, processed through Provider's secure payment processor. The monthly fee renews automatically until cancelled by Client.
5. Ownership. The domain, Stripe account, email address, and all guest data collected through the Website belong to Client, not Provider. Provider does not access, hold, or process guest payments; guest payments are made directly to Client's own connected payment account.
6. Intellectual Property. The underlying website template, design system, and booking engine software remain the intellectual property of Provider and are licensed to Client for use on their Website for as long as this Agreement remains active. Client's own content, including photographs, property descriptions, and reviews, remains the property of Client.
7. Support & Service Scope. Support and content update services are provided according to the terms of the Direct Booking Care Plan in effect at the time of purchase. Full redesigns, new features, or functionality outside the scope of the Care Plan will be quoted separately.
8. Term & Cancellation. This Agreement remains in effect on a month-to-month basis following the initial setup. Either party may cancel the Care Plan at any time. Upon cancellation, Client retains their domain, Stripe account, email, and guest data. Provider will continue hosting the Website for 30 days following Client's final payment, after which hosting will be discontinued. A design export of the Website may be provided upon request; this export does not include the underlying booking engine, dashboard, or automation functionality.
9. No Guarantee of Results. Provider makes no guarantee regarding the number of bookings, amount of revenue, or search engine ranking Client's Website will achieve. Results depend on many factors outside Provider's control.
10. Limitation of Liability. To the fullest extent permitted by law, Provider's total liability under this Agreement, for any claim of any kind, is limited to the total fees paid by Client to Provider in the three months preceding the claim. Provider is not liable for indirect, incidental, consequential, or special damages, including lost profits or lost bookings.
11. Indemnification. Client agrees to indemnify and hold Provider harmless from any claims, damages, or losses arising from Client's rental property, Client's guests, or Client's failure to comply with applicable law. Provider agrees to indemnify Client for claims arising directly from Provider's gross negligence or willful misconduct in providing the Services.
12. Service Availability. Provider will make reasonable efforts to maintain uptime and functionality of the Website but does not guarantee uninterrupted service, and is not liable for downtime caused by third-party services, including but not limited to hosting, payment processing, or domain providers, outside Provider's direct control.
13. Governing Law. This Agreement is governed by the laws of the State of New Mexico, without regard to conflict of law principles, regardless of Client's location.
14. Entire Agreement. This Agreement constitutes the entire agreement between Client and Provider regarding the Services and supersedes any prior agreements or understandings, written or oral.
15. Amendments. Provider may update this Agreement from time to time. Material changes will be communicated to active clients by email. Continued use of the Services after such notice constitutes acceptance of the updated Agreement.
By checking the box at checkout, Client acknowledges having read, understood, and agreed to be bound by this Agreement.