Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the StayForWork Platform, you agree to comply with and follow these Terms of Service.
- Scope of StayForWork Services
1.1 The StayForWork platform is an online marketplace that enables registered users (“Travelers”) and certain third parties who offer services are “Properties Owners” and the services they offer are “Host Services” to publish such Host Services on the StayForWork Platform (“Listings”) and to communicate and transact directly with Travelers that are seeking to book such Host Services (Travelers using Host Services are “Guests”). Host Services may include the offering of corporate housing or other furnished properties for use (“Accommodations“) in short-term stay for work travelling in major cities.
1.2 As the provider of the StayForWork Platform, StayForWork does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Travelers make or accept a booking, they are entering into a contract directly with each other. StayForWork is not and does not become a party to or other participant in any contractual relationship between Travelers, nor is StayForWork a real estate broker or insurer. StayForWork is not acting as an agent in any capacity for any Traveler, except as specified in the payment terms
1.3 While we may help facilitate the resolution of disputes, StayForWork has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Traveler Content (as defined below), or (iii) the performance or conduct of any Traveler or third party. StayForWork does not endorse any Traveler, Listing or Host Services. Any references to a Traveler being “verified” (or similar language) only indicate that the Traveler has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by StayForWork about any Traveler, including of the Traveler’s identity or background or whether the Traveler is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a traveler, or communicate and interact with other Travelers, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by StayForWork of any Host or Listing.
1.4 If you choose to use the StayForWork Platform as a Host or Co-Host (as defined below), your relationship with StayForWork is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of StayForWork for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of StayForWork.
1.5 To promote the StayForWork Platform and to increase the exposure of Listings to potential Guests, Listings and other Traveler Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Travelers who speak different languages, Listings and other Traveler Content may be translated, in whole or in part, into other languages. StayForWork cannot guarantee the accuracy or quality of such translations and Travelers are responsible for reviewing and verifying the accuracy of such translations. The StayForWork Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The StayForWork Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. StayForWork is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by StayForWork of such Third-Party Services.
1.7 Due to the nature of the Internet, StayForWork cannot guarantee the continuous and uninterrupted availability and accessibility of the StayForWork Platform. StayForWork may restrict the availability of the StayForWork Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the StayForWork Platform. StayForWork may improve, enhance and modify the StayForWork Platform and introduce new StayForWork Services from time to time.
2. Eligibility, Using the StayForWork Platform, Traveler Verification
2.1 You must be a represent of a corporation to able to enter into legally binding contracts to access and use the StayForWork Platform or register a StayForWork Account.
2.2 You will comply with any applicable control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 StayForWork may make the access to and use of the StayForWork Platform, or certain areas or features of the StayForWork Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Traveler’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Travelers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities, often here is Federal EIN number to screen Travelers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Traveler, obtain reports from public records of of legal rights of a Traveler.
2.5 The access to or use of certain areas and features of the StayForWork Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the StayForWork Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 Some areas of the StayForWork Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
StayForWork reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the StayForWork Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the StayForWork Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“StayForWork Account“) to access and use certain features of the StayForWork Platform, such as posting or booking a Listing. We refer to serve all registering StayForWork Accounts for companies or other legal entities, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a StayForWork Account using a companies/entities email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your StayForWork Account and your SNS Account at any time, by accessing the “Settings” section of the StayForWork Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your StayForWork Account and public StayForWork Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) StayForWork Account unless StayForWork authorizes you to do so. You may not assign or otherwise transfer your StayForWork Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your StayForWork Account credentials and may not disclose your credentials to any third party. You must immediately notify StayForWork if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your StayForWork Account. You are liable for any and all activities conducted through your StayForWork Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 StayForWork may, at its sole discretion, enable Travelers to create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the StayForWork Platform (“Traveler Content“); access and view Traveler Content and any content that itself makes available on or through the StayForWork Platform.
5.2 The StayForWork Platform, StayForWork Content, and Traveler Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Platform and StayForWork Content, including all associated intellectual property rights, are the exclusive property of StayForWork or authorizing third-parties. You will not remove, alter or obscure any copyright, trade names, logos, trademark, service marks or other proprietary rights notices incorporated in or accompanying the StayForWork Platform, StayForWork Content or Traveler Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the StayForWork Platform, StayForWork Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the StayForWork Platform or Collective Content, except to the extent you are the legal owner of certain Traveler Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StayForWork or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, StayForWork grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the StayForWork Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Traveler Content on or through the StayForWork Platform, you grant to StayForWork a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Traveler Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Traveler Content to provide and/or promote the StayForWork Platform, in any media or platform. Unless you provide specific consent, StayForWork does not claim any ownership rights in any Traveler Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Traveler Content.
5.6 StayForWork may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “StayForWork.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the StayForWork Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your StayForWork Account is terminated or suspended for any reason. You acknowledge and agree that StayForWork shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where StayForWork is not the exclusive owner of Verified Images, by using such Verified Images on or through the StayForWork Platform, you grant to StayForWork an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. StayForWork in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the StayForWork Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Traveler Content that you make available on or through the StayForWork Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Traveler Content that you make available on or through the StayForWork Platform or you have all rights, licenses, consents and releases that are necessary to grant to StayForWork the rights in and to such Traveler Content, as contemplated under these Terms; and (ii) neither the Traveler Content nor your posting, uploading, publication, submission or transmittal of the Traveler Content or StayForWork’s use of the Traveler Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Traveler Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates StayForWork’s policies. StayForWork may, without prior notice, remove or disable access to any Traveler Content that StayForWork finds to be in violation of these Terms or StayForWork’s then-current Policies or Standards, or otherwise may be harmful or objectionable to StayForWork, its Travelers, third parties, or property.
5.9 StayForWork respects copyright law and expects its Travelers to do the same. If you believe that any content on the StayForWork Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Taxes and Service Fees
6.1 StayForWork may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the StayForWork Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees will be displayed to a Host or Guest prior to publishing or booking a Listing. StayForWork reserves the right to change the Service Fees at any time, and we will provide Travelers adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to StayForWork. The applicable Service Fees are due and payable and collected by StayForWork Payments pursuant to the Payments Terms. Except as otherwise provided on the StayForWork Platform, Service Fees are non-refundable.
6.4 All taxes are excluded. Hosts will responsible for paying applicable taxes to their local treasury departments according to the incomes that they collected from the hosting services within the fiscal year calendar.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the StayForWork Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by StayForWork. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. StayForWork reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the StayForWork Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee, which will be collected pursuant to the Payments Terms.
7.1.7 StayForWork recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.1.8 However, Hosts may prepare the Personal Injury Waiver Form for guests to sign prior to checking into the property to disclaim Hosts’ responsibilities from any action or inaction of guests while stay at the property.
7.2 Listing Accommodations
7.2.1 You may only list one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the StayForWork Platform. StayForWork will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but StayForWork is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not involve any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws. As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
7.3 Listing Experiences, Events and other Host Services
7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to StayForWork. To be considered for publishing on the StayForWork Platform, Experiences, Events or other Host Services must at all times meet the quality standards for Experiences and meet Guest demand. StayForWork reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Host Service will be published on the StayForWork Platform.
7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or etc.).
7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with StayForWork and StayForWork is not a professional fundraiser or commercial participator. Nonprofits, and not StayForWork, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
7.3.5 You must provide an Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by StayForWork.
StayForWork may NOT enable Hosts to authorize other Travelers (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). We will modify this service in the future if need.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the StayForWork Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your StayForWork Account.
8.1.2 Upon receipt of a booking confirmation from StayForWork, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. StayForWork Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. StayForWork Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the StayForWork Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the StayForWork Platform or direct StayForWork customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and StayForWork Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by StayForWork Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and StayForWork may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, StayForWork may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to StayForWork’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, StayForWork will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, StayForWork may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in StayForWork’s Extenuating Circumstances Policy or (i) where StayForWork believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to StayForWork, other Travelers, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, StayForWork may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 Travelers may use the Resolution Center to send or request money for refunds, additional Host Services, or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your StayForWork Account, and StayForWork Payments will handle all such payments pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Travelers and do not reflect the opinion of StayForWork. Ratings and Reviews are not verified by StayForWork for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with StayForWork’s Content Policy and Extortion Policy.
10.3 Travelers are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Traveler.
11. Damage to Accommodations, Disputes between Travelers
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to StayForWork, you will be given an opportunity to respond. If you agree to pay the Host, or StayForWork determines in its sole discretion that you are responsible for the Damage Claim, StayForWork Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. StayForWork also reserves the right to otherwise collect payment from you and pursue any remedies available to StayForWork in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the StayForWork Host Guarantee.
11.3 Travelers agree to cooperate with and assist StayForWork in good faith, and to provide StayForWork with such information and take such actions as may be reasonably requested by StayForWork, in connection with any Damage Claims or other complaints or claims made by Travelers relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the StayForWork Host Guarantee), A Traveler shall, upon StayForWork’s reasonable request and at no cost to the Traveler, participate in mediation or a similar resolution process with another Traveler, which process will be conducted by StayForWork or a third party selected by StayForWork or its insurer, with respect to losses for which a Traveler is requesting payment from StayForWork (including but not limited to payments under the StayForWork Host Guarantee).
11.4 If you are a Guest, you understand and agree that StayForWork may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by StayForWork under the StayForWork Host Guarantee). You agree to cooperate with and assist StayForWork in good faith, and to provide StayForWork with such information as may be reasonably requested by StayForWork, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as StayForWork may reasonably request to assist StayForWork in accomplishing the foregoing.
12. Rounding off, Currency conversion
12.1 StayForWork may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, StayForWork will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, StayForWork may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, StayForWork may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The StayForWork Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the StayForWork Platform allows Travelers to view the price of Listings in a number of currencies, the currencies available for Travelers to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. But StayForWork only provide the platform to connect Guests and Hosts on this hosting activity and not directly involve in the business, StayForWork revoke the responsible of collecting taxes on Travelers/guests perhaps. Therefore, any question or requirement regarding to Occupancy Taxes from governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located, will be forwarded directly to Travelers/Hosts.
13.3 In certain jurisdictions, StayForWork may not decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, if such jurisdiction asserts Hosts have an Occupancy Tax collection and remittance obligation (not StayForWork).
13.6 StayForWork reserves the right, with prior notice to Hosts, to deny/refuse the responsible of Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the StayForWork Platform. In connection with your use of the StayForWork Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the StayForWork Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies StayForWork endorsement, partnership or otherwise misleads others as to your affiliation with StayForWork;
- use the StayForWork Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the StayForWork Platform;
- unless StayForWork explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Traveler for any purpose other than asking a question related to a your own booking, Listing, or the Traveler’s use of the StayForWork Platform, including, but not limited to, recruiting or otherwise soliciting any Traveler to join third-party services, applications or websites, without our prior written approval;
- use the StayForWork Platform to request, make or accept a booking independent of the StayForWork Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the StayForWork Platform or StayForWork Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold StayForWork harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the StayForWork Platform or Collective Content, or any individual element within the StayForWork Platform, StayForWork’s name, any StayForWork trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the StayForWork Platform, without StayForWork’s express written consent;
- dilute, tarnish or otherwise harm the StayForWork brand in any way, including through unauthorized use of Collective Content, registering and/or using StayForWork or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to StayForWork domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the StayForWork Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by StayForWork or any of StayForWork’s providers or any other third party to protect the StayForWork Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the StayForWork Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the StayForWork Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that StayForWork has no obligation to monitor the access to or use of the StayForWork Platform by any Traveler or to review, disable access to, or edit any Traveler Content, but has the right to do so to (i) operate, secure and improve the StayForWork Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Travelers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Traveler Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Travelers agree to cooperate with and assist StayForWork in good faith, and to provide StayForWork with such information and take such actions as may be reasonably requested by StayForWork with respect to any investigation undertaken by StayForWork or a representative of StayForWork regarding the use or abuse of the StayForWork Platform.
14.3 If you feel that any Traveler you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to StayForWork by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or StayForWork terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the StayForWork Platform or by sending us an email. If you cancel your StayForWork Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your StayForWork Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, StayForWork may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 StayForWork may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) StayForWork believes in good faith that such action is reasonably necessary to protect the personal safety or property of StayForWork, its Travelers, or third parties (for example in the case of fraudulent behavior of a Traveler).
15.5 In addition, StayForWork may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the StayForWork Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or StayForWork otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) StayForWork believes in good faith that such action is reasonably necessary to protect the personal safety or property of StayForWork, its Travelers, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Traveler Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the StayForWork Platform;
- temporarily or permanently revoke any special status associated with your StayForWork Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your StayForWork Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by StayForWork and an opportunity to resolve the issue to StayForWork’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your StayForWork Account or any of your Traveler Content. If your access to or use of the StayForWork Platform has been limited or your StayForWork Account has been suspended or this Agreement has been terminated by us, you may not register a new StayForWork Account or access and use the StayForWork Platform through an StayForWork Account of another Traveler.
If you choose to use the StayForWork Platform or Collective Content, you do so voluntarily and at your sole risk. The StayForWork Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the StayForWork Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by StayForWork relating to a Listing.
If we choose to conduct identity verification or background checks on any Traveler, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Traveler or guarantee that a Traveler will not engage in misconduct in the future.
You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless StayForWork from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the StayForWork Platform and Collective Content, your publishing or booking of any Listing via the StayForWork Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Travelers whether in person or online remains with you. Neither StayForWork nor any other party involved in creating, producing, or delivering the StayForWork Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the StayForWork Platform or Collective Content, (iii) from any communications, interactions or meetings with other Travelers or other persons with whom you communicate, interact or meet with as a result of your use of the StayForWork Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not StayForWork has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the StayForWork Host Guarantee, in no event will StayForWork’s aggregate liability arising out of or in connection with these Terms and your use of the StayForWork Platform including, but not limited to, from your publishing or booking of any Listings via the StayForWork Platform, or from the use of or inability to use the StayForWork Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Travelers, exceed the amounts you have paid or owe for bookings via the StayForWork Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by StayForWork to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between StayForWork and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect StayForWork’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, StayForWork is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. StayForWork is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of StayForWork in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of StayForWork is excluded.
You agree to release, defend (at StayForWork’s option), indemnify, and hold StayForWork and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the StayForWork Platform or any StayForWork Services, (iii) your interaction with any Traveler, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) StayForWork’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against StayForWork in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. StayForWork is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with StayForWork’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and StayForWork each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact StayForWork’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and StayForWork mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the StayForWork Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and StayForWork agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and StayForWork each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, StayForWork agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and StayForWork both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, StayForWork agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and StayForWork acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and StayForWork acknowledge and agree that we are each waiving the right to participate as a plaintiff or class Traveler in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and StayForWork both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if StayForWork changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of StayForWork’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and StayForWork in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the StayForWork Platform or terminate your StayForWork Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the StayForWork Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the StayForWork Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between StayForWork and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between StayForWork and you in relation to the access to and use of the StayForWork Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and StayForWork as a result of this Agreement or your use of the StayForWork Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 StayForWork’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without StayForWork’s prior written consent. StayForWork may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Travelers permitted or required under this Agreement, will be in writing and given by StayForWork via email, StayForWork Platform notification, or messaging service (including SMS).
21.8 If you have any questions about these Terms please email us.