These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Hostipi, a partnership, (“Partnership” or “Hostipi”) governing your use of the Hostipi Platform (defined below) and the Partnership’s website (hostipi.com or the “Site”). The platform services provided by Partnership, and the Site together are hereinafter collectively referred to as the “Hostipi Platform.”
By entering into this agreement, you expressly acknowledge that you understand this agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access the Hostipi Platform.
Your use of the Hostipi Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time.
The Hostipi Platform is a web-based communications platform which enables the connection between Clients and Hosts. “Clients” are individuals and/or businesses seeking to obtain hosting services (“Assignments”) from Hosts and are therefore clients of Hosts, and “Hosts” are individuals and/or businesses seeking to perform Assignments for Clients. Clients and Hosts together are hereinafter referred to as “Users”.
The “Engagement Terms” are supplementary terms to the this agreement (and do not form part of these Terms of Service) that outline specific contractual requirements relating to each individual Assignment made available to a User.
You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of an Assignment with another User or with the Partnership. The terms of the Service Agreement include the terms set forth in these Terms of Service, the Engagement Terms accepted on the Hostipi Platform or otherwise, and any other contractual terms accepted by both the Host and their Client, or the Partnership to the extent such terms do not conflict with the terms in this Agreement and do not expand Partnership’s obligations or restrict Partnership’s rights under this Agreement.
You agree that the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Partnership and the Host.
Each party agrees to comply with this Agreement during the engagement, performance and completion of an Assignment.
Hosts are independent contractors and not employees of Partnership. Partnership does not perform Assignments and does not employ individuals to perform Assignments. Users hereby acknowledge that Partnership does not supervise, direct, control or monitor a Host’s work and is not responsible for the work performed or the Assignments in any manner.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Partnership. Each User acknowledges that Partnership does not, in any way, supervise, direct, control or monitor a Host’s work or Assignments performed in any manner. Partnership does not set a Host’s work hours or location of work. Partnership will not provide any equipment, labour or materials needed for a particular Assignment. Partnership does not provide any supervision to Users. The Hostipi Platform only enables connections between Users for the fulfilment of Assignments.
Partnership is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Assignments, Hosts, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users.
Partnership makes no representations about the suitability, reliability, timeliness, or accuracy of the Assignments requested and services provided by Users identified through the Hostipi Platform whether in public, private, or offline interactions.
The Hostipi Platform is not an employment service and Partnership is not an employer of any User. As such, Partnership is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable withholdings in connection with your use of Users’ Assignment services.
The Hostipi Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Hostipi Platform, you may not share your personal contact information with other Users.
Without limitation, while using the Hostipi Platform, you may not:
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Partnership will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
In the Partnership’s sole discretion, Users may be subject to a vetting process before they can register for and during their use of the Hostipi Platform, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to Partnership to conduct background checks as often as required.
Although Partnership may perform background checks of Users, as outlined above, Partnership is not required to do so and cannot confirm that each User is who they claim to be and therefore, Partnership cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Hostipi Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
Partnership is not responsible for the conduct, whether online or offline, of any user of the Hostipi Platform and you hereby release Partnership any liability related thereto. Partnership will not be liable for any claim, injury or damage arising in connection with your use of the Hostipi Platform.
Users represent and warrant that:
Hosts additionally represent and warrant that:
“Competing Business" means any business organization, regardless of form, that is directly engaged in whole or in relevant part in any business or enterprise which is the same as, or substantially the same as the business of the Partnership.
Partnership may terminate, limit or suspend your right to use the Hostipi Platform in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
If Partnership terminates, limits, or suspends your right to use the Hostipi Platform as a Client for a User Breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Even after your right to use the Hostipi Platform is terminated, limited, or suspended, this Agreement will remain enforceable against you.
Partnership reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Hostipi Platform at its sole discretion. Except for refundable fees you have advanced to Partnership (if any), Partnership is not liable to you for any modification or discontinuance of all or any portion of the Hostipi Platform.
Partnership has the right to restrict anyone from completing registration as a Host if Partnership believes such person may threaten the safety and integrity of the Hostipi Platform, or if, in Partnership’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Hostipi Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Users of the Hostipi Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the services provided under the Agreement (other than taxes on Partnership’s income) as explained in Section 4.
“Your Information” is defined as any information and materials you provide to Partnership or other Users in connection with your registration for and use of the Hostipi Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and Partnership acts merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”
You hereby represent and warrant to Partnership that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Hostipi Platform hosts User Generated Content relating to reviews and ratings of specific Hosts (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Partnership, has not been verified or approved by Partnership and each Client should undertake their own research to be satisfied that a specific Host is the right person for an Assignment. You agree that Partnership is not liable for any Feedback or other User Generated Content. Partnership encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Partnership does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Partnership do so.
Each Host who provides to Partnership any photograph or biography in exchange for the right to use the Hostipi Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, worldwide, unrestricted, and perpetual right to:
Each Host hereby waives all rights and releases Partnership from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Host’s identity, likeness in connection with the Hostipi Platform.
You must register with Partnership and create an account to use the Hostipi Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Partnership for accessing the Hostipi Platform. You are solely and fully responsible for all activities that occur under your password or account.
Partnership has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Partnership immediately.
Use of the service is entirely at your own risk. Partnership expressly disclaims any liability that may arise between Users of its Hostipi platform.
The Hostipi Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Partnership makes no warranties or representations about the accuracy or completeness of the content provided through the Hostipi Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Hostipi Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Partnership does not warrant that access to the Hostipi platform will be uninterrupted or that the Hostipi platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Hostipi Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Assignment or service, information or materials provided through or in connection with the use of the Hostipi Platform. Partnership is not responsible for the conduct, whether online or offline, of any user. Neither Partnership nor its affiliates or licensors warrant that the Hostipi Platform is free from viruses, worms, trojan horses, or other harmful components. Partnership cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
In addition, notwithstanding any feature a client may use to expedite Hostipi selection, each client is responsible for determining the Assignment and selecting their Host and Partnership does not warrant any goods or services purchased by a client and does not recommend any particular Host. Partnership does not provide any warranties or guarantees regarding any Host’s professional accreditation, registration or license.
You acknowledge and agree that Partnership is only willing to provide the Hostipi platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Partnership, liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the Hostipi Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by Partnership and any destruction of your information.
Under no circumstances will Partnership be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the Hostipi platform or the Assignment services, even if advised of the possibility of the same. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
Partnership does not accept any liability with respect to the quality or fitness of any work performed via the Hostipi Platform.
You hereby agree to indemnify, defend, and hold harmless Partnership, its directors, officers and employees from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Hostipi Platform or Assignment Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the Hostipi Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.
This Agreement shall be governed by and construed, both as to validity and performance, with the laws of England and Wales where the Partnership is based.
Failure by Partnership to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Partnership with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Partnership, its successors and assigns. Failure by Partnership to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Partnership with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Partnership, its successors and assigns.
Partnership reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement and review, improve, modify or discontinue, temporarily or permanently, the Hostipi Platform or any content or information through the Hostipi Platform at any time, effective with or without prior notice and without any liability to Partnership. Partnership will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Hostipi Platform. Your continued use of the Hostipi Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Partnership may change, modify, suspend, or discontinue any aspect of the Hostipi Platform at any time without notice or liability. Partnership may also impose limits on certain features or restrict your access to parts or all of the Hostipi Platform without notice or liability.