Host Contract Terms and Conditions

Definitions

Host – is a business registered with listing(s) of one or more venue space visible on the Swurf App.

Platform – the  online application/platform, operated by SWURF, where the Host’s listing is presented to users.

User – the user of the platform

Space –  space listed and promoted by a Host that will be visible in the Platform.

Listing – a listing on the Platform of the Host’s Space.

Onboarding Portal  – desktop-based platform used for listing a Host’s space for promotion via the Platform.

Subscription – contract entered into by Host for its space(s) presented via the Platform.

SWURF – refers to company Swurf Ltd, a company registered in Scotland under company number SC682869, and with registered office at 3f1, 28 Queen Charlotte Street, Edinburgh EH6 6AT

Swurf provides the Platform for Users to find and search for Spaces, provided by Hosts, using bespoke onboarding technology.

1. Payment Conditions

Payment is charged in advance annually via paypal, invoice or other payment option available at the time, in line with pricing plan set out on www.swurf.co/pricingmatrix Swurf reserves the right to update the pricing plans from time to time.

2. Subscription

Renewal for subscription is automatic and charged annually via original method of payment, unless agreed otherwise.

Late payments will result in the Listing/s being frozen until full payment is made by the Host.

Where card payment is made, and your card has expired, the Host is responsible for ensuring the payment card is updated and payments are received in time of renewal automation.

No responsibility is accepted by Swurf Ltd for missed payments and frozen Listings.

The Host is permitted to advertise an unlimited number of Spaces listed on the Platform but these must be listed independently and charged accordingly for each Listing size.

Spaces are listed, priced and charged independently and are subject to the number of active covers available.

Notice of any price changes will be activated the next subscription year for any Space.

Notice of any price changes will be provided to Hosts at least 30 days prior to subscription start date.

If a Space changes size and falls into a different subscription tier, charges may be amended within the subscription period and is up to Swurf to decide.

Overdue payments will be charged interest after 14 days in lapse of payment at a rate of 5% above the Bank of England base rate.

3. Cancellations.

If a Host wishes to cancel their subscription, the Host must give notice of termination to Swurf, in writing, a minimum of 14 days prior to subscription renewal.

Cancellation of a new Listing must be made within 7 days of the New Listing verification in order to receive a refund.

Cancellation requested after 7 days will not be refunded but Listing may be cancelled and withdrawn from the Platform immediately.

Cancellations due to new Host management will not be considered until the new subscription year.

Cancellations must be made and received in writing to hello@swurf.co

4. Promotional Subscription Rates and Free Trials.

We reserve the right to provide you with a free trial in relation to any subscription (a “Free Trial”). Where a Free Trial has ended, the subscription will automatically start at the end of the Free Trial, and normal cancellation terms will apply (unless the Host has provided prior notice of such cancellation prior to the end of the Free Trial).

If a promotional code has been used for a subscription to Swurf, it is valid in line with the specific terms and conditions of that promotion only.

Swurf has the right to withdraw or refuse a promotion at any time for any reason.

5. Listings.

Hosts are responsible for all details provided for all the space listings presented via onboarding portal and agree that these are a true and accurate representation of each space.

6. In App Host Promotions

Swurf encourages all Listings to have a valid active promotion and utilise this as a sales tool to attract customers.

Swurf accepts no responsibility or liability for the success of promotions advertised on the Platform.

Where a promotion is available, the Host is responsible for ensuring terms and conditions are clear and valid.

Where a promotion is available, the Hosts promises to deliver this promotion unless can not do so for good reason.

Where promotion is available, the Host promises to ensure all employees are familiar with Swurf Ltd and any active promotions that may be listed.

The Host gives Swurf permission to use its name, images and other copyrighted and trademarked material solely for the purposes of promoting and marketing Swurf and its venues.

7. Host Manifesto

The Host agrees to the core values promoted by Swurf in its manifesto, and agrees to ensure its staff are trained and competent in delivering these values as a minimum customer service standard.

Host Manifesto:
A Swurf Host…
is already a friend
is happy to see you
will always be kind
will make you feel at home
to let you work freely

The Platform is an unbiased platform that supports the connection of Users to Hosts using app-based technology. Swurf accepts no responsibility or liability for any damages caused by a User to a Host or Host to a User.

Swurf does not act as an agent or authority of any kind for Hosts listed via the Platform and visible on the Platform.

Swurf may conduct unannounced audits to ensure that terms and conditions of agreement are adhered to, in particular in relation to its Host manifesto.

Swurf has the right to cancel a subscription if they feel necessary without warning. Where cancellation is activated by Swurf, the Host will be refunded on a prorata basis for the space deactivated only, where more than one Space is listed by one Host.

8. Health and Safety

In relation to all Listings, services and facilities offered for pursuant to this agreement, the Host represents and warrants to

Swurf that:

(a) The venue space, services and facilities are safe, of a good and clean standard, in full working order and comply fully with all applicable local, national and any other laws, regulations and codes of practice which relate to or in any way affect them.

(b) All necessary consents, licences, and permissions that are required by local, national and any other law have been obtained and are in force during the validity of this agreement and during the period covered by all reservations made pursuant to it.  The Host agrees to provide to Swurf Ltd upon demand copies of all such consents, licences, consents and permissions.

(c) It has and will continue to take all necessary steps, as advised by relevant government guidelines, to ensure that the Space is compliant with Covid-19 protocols.

Upon request, the Host shall permit representatives of Swurf to inspect the facilities and services and all consents, licences, consents, permissions and other documents that are relevant for the purposes of verifying the Host’s compliance with clause 8 of this agreement.

At Swurf, Ltd our aim and policy is to select and work with Hosts that can consistently provide services and facilities that users of the Platform can enjoy in safety. We are subject to strict legislation concerning the quality and safety of the hosts especially coming out of the Covid-19 Pandemic and must stress the utmost importance that protocols are maintained and delivered to the highest standard. We are committed to high standards of health and safety and as such the Host spaces promoted via the Platform must be completely safe.

The minimum standards that Swurf Ltd requires from all our H partner hosts are outlined below, please read through and ensure that your Listings meet each requirement listed and sign below to confirm as such.

Swurf’s minimum Host safety standards:

1. The Host must have a current valid Public Liability Insurance policy.
2. The Host must comply with local legislation regarding health and safety.
3. The Host should have some form of electrical fire alarm which will give a clear warning in the event of a fire preferably with integrated smoke detection.
4. Buildings over 4 floors (inc ground) should have more than one staircase available for Users in case of an emergency (those with enclosed, protected staircases to be assessed on a case by case basis)
5. All escape routes must be clear of obstructions at all times with final exit doors unlocked with no exceptions
6. Host must have minimum Good To Go Self Certification for COVID-19 Safety Standards and working protocols.

9. Insurance

The Host confirms that it has in place comprehensive insurance policies to cover:

(a) All third party (public liability) risks (including when services or facilities are provided by a supplier other than the Host), including but not limited to cover for death, personal injury and illness at an appropriate level in respect of guests using facilities, employees, representatives and agents; and

(b) The full amount of damages, expenses, losses, fines, costs (including legal costs) and/or any other sums which the Host and/or Swurf incurs or becomes responsible for as a result, directly or indirectly, of any act(s), omission(s) and/or defaults(s) of the Host, its personnel (whether or not employed by the Host), suppliers, sub-contractors, agents and/or representatives and/or as a result of any breach by the Host of this agreement.

(c) The Host shall on demand supply Swurf with copies of the said insurance policies (including renewal policies and up-to-date schedules) and proof of payment of the current premium. Further, the Host shall inform Swurf immediately in the event that any insurance policy should lapse.

10.Complaints

The Host will deal sympathetically with all Users’ complaints or requests and will cooperate with Swurf to settle the same to the best advantage of both parties provided that in the event of the non-fulfilment by the Host of any of the provisions of this contract which result in Swurf being obliged to make a refund or payment to any user(s) then the Host will reimburse Swurf with the amount of such refund or payment upon Swurf providing proof of payment if requested.

11. Ownership of the Host

In the event that any or all of the Spaces advertised by the Host is sold, leased or otherwise disposed the Host will expressly provide that this contract will be honoured.

12. Confidentiality

Except as otherwise required by law, or as mutually agreed between the parties, neither party will disclose confidential information (including but not limited to the terms of this agreement), financial and sales information, marketing plans and customers (to any third party).

13. Governing Law

This agreement will be governed by English law. The parties hereby submit to the exclusive jurisdiction of the English courts save that Swurf  may, at its absolute discretion, take proceedings or seek remedies before the courts or any competent authority of any jurisdiction in which the Host has its place of business, assets or accommodation.

14.  Liability

Swurf’s liability under or in relation to this agreement shall be limited to the price of the Host’s subscription fees paid since the start of this agreement.

Swurf shall not be responsible for any indirect, special or consequential loss (including loss of profit or loss of business) arising out of or in relation to this agreement.

Nothing in this agreement shall exclude or limit either party’s liability for death or personal injury caused by negligence.

When a User attends a Space, the legal relationship is between the Host and the User. Swurf is not in any way responsible or liable for any act or omission of either the Host or the User.

We accept the Health and Safety Conditions as above and confirm that our listing matches the minimum standards as set out above.

By ticking the box, you agree to accept the terms of this agreement with Swurf Ltd.