The Host and Spacenow agree to the following terms and conditions as governing the Host’s use of the Services as and from the Agreement Time.
2. Use of the Service.
3. Transactions Between Guests and Hosts for Booking Space.
Any agreement between a Host and a Guest is in the terms of the Space Licence Agreement, or such other licence agreement as the Host and the Guest enter into and that it is not a party to that agreement.
4. Host Policies.
As a Host, you agree you are solely responsible for ensuring:
4.1. The Space is maintained in good and tenantable repair and in compliance with all applicable laws, regulations, local authority requirements, building codes and any other applicable requirements;
4.2. The Space is clean, tidy and ready for use at the start of any Reservation;
4.3. The booking of the Space through the Service does not violate any lease, mortgage, or other agreements relating to or secured over or registered in respect of the Space or the Building or any applicable laws, regulations, local authority requirements, building codes and any other applicable requirements;
4.4. The Guest is provided with the correct and up to date Space Rules; and
4.5. If a Reservation is to begin at a specified time or on a specified date, that the Space is available to the Guest at that time or on that date. In the event the Space is not available to the Guest at that time or on that date, you shall make available to the Guest at the originally scheduled time and date another space in the same building of equal or larger size and similar configuration for the same Fee.
As a Host, you are solely responsible for establishing the Fees to be charged to Guests, for the Space through the Service. Changes to the Fees in respect of an Hourly Reservation will not affect the amount billed for Hourly Reservations that have already been booked, even if such Hourly Reservations have not yet begun. Changes to the Fees for Monthly Reservations will not affect the amount billed during the Term for Monthly Reservations that have already been booked. For Renewals, changes to the Fees for Monthly Reservations will take effect the first full month beginning at least 30 days after the change is made through the Service. You must notify Spacenow of a change to any Fees through the Service to enable us to amend the Profile for Space. Notifying the Guest directly is not sufficient and will not increase the Fee through the Service.
6. Billing Options.
Under the Host Billing Options chosen by you, Spacenow Services will collect on your behalf as your limited payment collection agent the Fees Collected:
6.1. For Hourly Reservations, Daily Reservations, Weekly Reservations and Monthly Reservation the Fees that were (a) completed or (b) cancelled but not fully refunded under the Cancellation and Refund Policy;
6.2. For Deposits, if any required by you in respect of a Monthly Reservation, the portion of the Deposit claimed by the Host through the Service within 30 days after the termination date of the applicable Reservation.
6.3. Spacenow will pay you the difference between the Fees Collected and Service Charges within 15 days after the end of month in which the Fees were collected except for Monthly Reservations that start or renew on the first day of the month. For Monthly Reservations that start or renew on the first day of the month, Spacenow will pay the Host the Amount Due within 15 days after the start of the month.
7. Change to Billing Options.
The Host can choose to convert a Guest from the Spacenow Billing Option to the Host Billing Option for Hourly Reservations, provided that a separate written contractual agreement exists between the Guest and the Host at the time of the Reservation. Spacenow reserves the right to reset the Guest to the Spacenow Billing Option if the Host cannot provide evidence of such contractual written agreement. A Guest may not be originated by more than one Host. Spacenow shall determine at its sole discretion if a Guest is a Host Originated Guest or not.
8. Pricing Policy.
The Pricing Policy of Spacenow is as follows.
8.1. Spacenow will be entitled to charge you:
8.1.1. For bookings lasting less than one month (31 days) with Spacenow Originated Guests:
a. 40% of the Fees for the first Reservation for a Guest for a particular Space; and
b. 30% of the Fees for the second Reservation for a Guest for the same Space; and
c. 20% of the Fees for the third Reservation for a Guest for the same Space; and
d. 10% of the Fees for all subsequent Reservations for a Guest for the same Space.
8.1.2. For each Reservation with Host Originated Guests or Spacenow Originated Guests through the Spacenow Marketing Link 10% of the Fees Collected in respect of such Space.
8.1.3. There will be no Service Charge for Reservations booked and billed directly by the Host or for Reservations cancelled and fully refunded under the terms of the Cancellation and Refund Policy.
8.1.4. For each Reservation exceeding 1 month (31 days or more) 10% of the Fees Collected.
8.1.5. There will be no Service Charge for Monthly Reservations cancelled and fully refunded under the terms of the Cancellation and Refund Policy.
8.2. If a Guest enters into a separate license agreement with you for use of your Space for a month or longer under the following conditions:
8.2.1. The Guest has clicked on the Spacenow Profile for your Space in the past 6 months; or
8.2.2. The Guest has had a prior Monthly Reservation at your Space that terminated within the past 6 months, the Host agrees to pay Spacenow a Service Charge of 10% of the amounts payable by the Guest under such agreement for up to 12 months after the commencement of such agreement.
8.3. Spacenow will invoice the Host directly for all Service Charges owing to it.
A Coupon reduces the amount of Fees collected from the Guest by Spacenow by the value of the discount. Coupons are not available for Monthly Reservations. Coupons may either be Spacenow Coupons or Host Coupons. Coupons may, at the sole discretion of Spacenow, be applicable to all Spaces or to a particular group of Spaces. When calculating the amount payable to the Host:
9.1. Spacenow will add back the full value of the discount for each Reservation where a Spacenow Coupon is redeemed; or
9.2. Reduce the Fees Collected used as the basis for the Service Charge by the value of the discount for a Host Coupon.
You agree to pay all applicable Taxes in connection with your use or Spacenow provision of the Service. Specifically, you are responsible for any GST or similar sales or value-added taxes or charges imposed by any government entity in connection with your use or Spacenow’s provision of the Service.
11. Service Charges.
The Service Charges and other matters set out in the Pricing Policy are applicable it the state or commonwealth in which the Space is located and charged in accordance with the type of Reservation. You agree to pay the Service Charges. If the Service Charges exceed the Fees Collected, Spacenow will invoice the Host for any amount owed by the Host and the Host shall pay such amounts within 15 days after invoicing. Spacenow reserves the right to withhold payment to your account of any amounts otherwise due to us under these Host Terms, or any amounts due as a result of a breach of these Host Terms by you, pending the reasonable investigation by Spacenow of such breach. In addition, Spacenow may withhold or deduct from amounts to be paid to a Host in connection with these Host Terms any charges or fees that are disputed or otherwise not paid by a Guest or a credit card company or other payment provider, and Spacenow may charge you (and you shall pay) any such amounts in the event that Spacenow has already paid such amounts to you.
12. Updated Information.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your User Account, which includes without limitation applicable tax information such as your ABN, and you shall keep complete and accurate records regarding Space usage and payment by Guests. Spacenow may audit such records upon reasonable notice to confirm proper payment hereunder and otherwise confirm compliance with these Host Terms. If Spacenow believes that it is obligated to obtain tax information and you do not provide this information after being requested to do so, Spacenow may withhold your payments until you provide this information or confirm in a manner that is satisfactory to Spacenow that you are not a person or entity from whom Spacenow is required to obtain tax information. Any bank fees arising from any error or omission in your payment information or contact information may be deducted from your payments. If you dispute any payment made hereunder, you must notify Spacenow in writing within 30 days of any such payment; failure to so notify Spacenow shall result in the waiver by you of any claim relating to any such disputed payment.
Both Guests and Hosts may submit feedback to the Service following the completion of a Space booking. You acknowledge and agree that other Users may publicly post ratings and reviews of you or your Space, as applicable, and that Spacenow may, but is not obligated to, monitor such postings and is not responsible in any manner for such ratings and reviews, and you release Spacenow from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
14. Additional Representations and Warranties.
14.1. Any Space you offer for booking through our Services is free of any known defects or conditions that would pose a hazard to or risk the safety of any Guest; and
14.2. You have sufficient rights in and to the Space to participate in the Service as a Host, including any applicable permits, and your participation in the Service as a Host will not violate or result in the breach of any agreement between you and any third party, including any lease agreement or other agreement relating to the Space.
Capitalised terms used and otherwise defined in this agreement shall have the meaning set out in the Dictionary.
16. Entire Agreement.