If you use the Service you represent and warrant that you will abide by these Host Terms and any actions you take in connection with the Service. You agree to respond promptly and completely to requests from BAU LLC (“Bau”) for additional information that Bau deems necessary. Bau may suspend or terminate your access, and your company or organization’s access, to the Service and your account if Bau has reason to believe that you are not authorized to act on behalf of the company or organization for whom you claim to be acting in connection with the Service.
1. Transactions Between Guests and Hosts for Booking Spaces
Bau offers the Service as a platform to connect Hosts and Guests and facilitate the booking of Spaces between the Hosts and Guests. You understand and agree that Bau does not act as an insurer or as your contracting agent or real estate broker. If a Guest requests a booking of your Space and uses your Space, any agreement you enter into with such Guest is between you and the Guest and Bau is not a party or third party beneficiary to that agreement.
As a Host, you agree to abide by the following Host policies:
• You are solely responsible for maintaining the Space in safe condition and in compliance with all applicable laws, regulations and ordinances and any applicable building requirements.
• You are solely responsible for ensuring that the Space is clean and ready to use for the Guest at the start of each Reservation period.
• You are solely responsible for ensuring that the booking of the Space through the Service does not violate any lease or other agreements, including any master lease, relating to the Space or any building policies.
• If you approve a booking of your Space to begin at a specified time or on a specified date, you shall ensure that the Space is available to the Guest at that time and on that date. In the event the Space is not available to the Guest at that time and on that date, you shall make available to the Guest at the originally scheduled time and date another space in the same building of equal or larger size and similar configuration for the same Fee.
Both Guests and Hosts may submit feedback to the Service following the completion of a Space booking. You acknowledge and agree that other Users may publicly post ratings and reviews of you or your Space through Bau, as applicable, and that Bau may, but is not obligated to, monitor such postings and is not responsible in any manner for such ratings and reviews, and you hereby release and hold harmless Bau from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
As a Host, you are solely responsible for establishing the Fee for your Space through the Service. Changes to the Fee for Reservations will not affect the amount billed for Reservations that have already been booked, even if such Reservations have not yet begun. You MUST notify Bau of a change to any Fee through the Service. Notifying the Guest directly is not sufficient and will not increase the Fee through the Service.
Bau will collect on your behalf as your limited payment collection agent the following Guest Payments (the “Guest Payments Collected”) for Reservations, the Guest Payments for Reservations that were (i) completed or (ii) cancelled but not fully refunded under the Cancellation Policy.
Bau will pay you the difference between the Guest Payments Collected and Service Charge due (the "Amount Due") within 15 days after the end of month in which the Guest Payments were collected.
The “Service Charge” is set forth in the Service Charge section below. You agree to pay Bau the Service Charge.
If the Service Charge exceed the Guest Payments Collected, Bau will invoice the Host for any amount owed by the Host that exceed US$250 and the Host shall pay such amounts within 30 days after invoicing.
Bau reserves the right to withhold payment to your account of any amounts otherwise due to Bau under these Host Terms, or any amounts due as a result of a breach of these Host Terms by you, pending Bau's reasonable investigation of such breach. In addition, Bau may withhold or deduct from amounts to be paid to a Host in connection with these Host Terms any charges, fees or Guest Payments that are disputed or otherwise not paid by a Guest or a credit card company or other payment provider, and Bau may charge you (and you shall pay) any such amounts in the event that Bau has already paid such amounts to you.
You agree to pay all applicable taxes, fees or charges imposed by any government entity in connection with your use or Bau's provision of the Service. Specifically, you are responsible for any sales or value-added taxes or charges imposed by any government entity in connection with your use or Bau's provision of the Service. Where such taxes apply, you may choose to provide sales or value-added tax information to Bau, and, if you provide such information, Bau will calculate and add the specified sales or value-added tax to the listed Guest Payments and will collect the specified sales or value-added tax along with the Guest Payments Collected (the "Calculated Sales Tax"). Following such collection, Bau will report and remit the Calculated Sales Tax to the applicable Host when paying the Amount Due. The Service Charge will not apply to Calculated Sales Tax.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information, and you shall keep complete and accurate records regarding Space usage and payments by Guests. Bau may audit such records upon reasonable notice and at reasonable times to confirm proper payment hereunder and otherwise confirm compliance with these Host Terms. If Bau believes that it is obligated to obtain tax information and you do not provide this information after being requested to do so, Bau may withhold your payments until you provide this information or confirm in a manner that is satisfactory to Bau that you are not a person or entity from whom Bau is required to obtain tax information. Any bank fees arising from your use of the Service, or any error or omission in your payment information or contact information may be deducted from your payments. If you dispute any payment, withholding or deduction made hereunder, you must notify Bau in writing within 30 days of any such payment, withholding or deduction; failure to so notify Bau shall result in the waiver by you of any claim relating to any such disputed payment, withholding or deduction.
3. Use by Bau Employees and Contractors
Each Host authorizes Bau support personnel to use the Spaces through the Service as needed for purposes of testing and operational support, and Bau may grant Bau Visas to its employees and contractors in connection therewith. Any use of the Spaces through the Service by Bau support personnel as needed for purposes of testing and operational support shall be at no charge.
4. Additional Representations and Warranties
• any Space you offer for booking hereunder is free of any known conditions or defects that would pose a hazard to or risk the safety of any Guest; and
• you have sufficient rights in and to the Space to participate in the Service as a Host, including any applicable permits, and your participation in the Service as a Host will not violate or result in the breach of any agreement between you and any third party, including any lease agreement, master lease, or other agreement relating to the Space or the Building.
You hereby unconditionally release and hold harmless Bau from any loss, liability, claim, demand, damage, costs and expenses, including reasonable attorneys’ fees, which you now have or have ever had against Bau relating in any way to your use of the Service. You hereby acknowledge that you are aware of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
With full awareness and understanding of the above provisions, you hereby waive any rights you may have under Section 1542, as well as under any other statutes or common law principles of similar effect.
6. Governing Law; Arbitration
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
Informal Process First
You agree that if you have any dispute with Bau relating in any way to these Host Terms or from access to or use of the Service, you will first contact Bau and attempt to resolve the dispute with Bau informally.
Arbitration (“Arbitration Agreement”)
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Host Terms by binding arbitration. If you are an individual you may opt out of this Arbitration Agreement within 30 days of the first of the date you access or use the Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bau are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive any termination of these Host Terms.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Bau of your intent to arbitrate (“Notice”). The Notice to Bau should be sent by sending the Notice by registered or certified mail to 212 Sutter Street, Suite 200, San Francisco, CA 94108. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the County of Santa Clara, California, U.S.A.
Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that Bau will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
If you do not want to arbitrate disputes with Bau and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: [email protected] within 30 days of the first of the date you access or use the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE HOST TERMS, YOU AND BAU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed solely and irrevocably by the laws of the State of California and the FAA without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in the County of San Francisco, California, United States. You irrevocably consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
"Territory" is the United States. These pricing terms apply to Spaces located in the Territory.
"Coupons" are discounts off of Guest Payments for Reservations that are applied at the time a Guest makes a Reservation. The Coupon reduces the amount of Guest Payments collected from the Guest by Bau by the value of the discount. Coupons may either be Bau Coupons or Space Coupons.
"Bau Coupons" are Coupons issued by Bau that may be applicable to all Spaces or to a subset of Spaces at the sole discretion of Bau. When calculating amount payable to the Host, Bau will add back the full value of the discount to the Amount Due to the Host for each booking transaction where a Bau Coupon is redeemed.
"Space Coupons" are Coupons issued by Bau at the request of a Host. Space Coupons may be applicable to all or a subset of the Spaces registered by the Host. When calculating the Service Charge, Bau will reduce the Guest Payments Collected used as the basis for the Service Charge by the value of the discount for the Space Coupon.
"Space Marketing Link" is a URL created by Bau for the Space and posted by the Host in the Host’s marketing materials including the Host’s website.
8. SERVICE CHARGE
For Reservations booked, the Host agrees to pay the Service Charge (the “Service Charge”) defined in the host onboarding documentation. There will be no Service Charge for properly and validly cancelled Reservations under the terms of the Cancellation Policy. Bau may modify the Service Charge any time, after which the modified Service Charge will apply to Guest Payments.
9. Space Codes
Bau requires metal QR Codes at space entrances and exits. The Guest scans these Codes with the Bau Mobile Software to alert Bau of their space use. Bau manufactures these Codes and will deliver them to the Host. The Host agrees to mount and maintain these Codes for the duration of their use of the Bau Service, and to inform Bau at [email protected] of damage to the Code, if the Code requires replacement, or if the Code needs to be moved.
10. Last Revised
We published these Host Terms as of August 18, 2016.
By using the Service, you hereby agree to the terms and conditions contained in the present Agreement.