Styled Home Studios Host Terms and Conditions
Last updated in November 2022.
These are the terms and conditions (“terms”) of Styled Home Studios Ltd, a company registered in England and Wales under company number 13571219 whose registered office is West Greenbank, Hickmans Lane, Lindfield, Haywards Heath, West Sussex, RH16 2DR (“we” or “us”).
These terms apply to all Hosts who use our platform and form a legally binding contract between you and us.
We may update these terms from time to time, so please check back regularly as any updates in force at the time will apply to your use of our services. It is important that you have also read our privacy and cookies policy here, which governs your use of our platform.
- Definitions
- In these terms, we use the following definitions:
“Hosting Account” means a registered account on the platform for use by a Host
“Booking” means the booking by a Creator of a Property or parts thereof, advertised through the platform, for an Event and the terms “Book” and “Booked” shall be construed accordingly
“Event” means use of the Property by the Creator as a location home for creative projects, such as photography or film shoots in accordance with the Booking
“Booking Fee” means the agreed total price (including VAT where relevant) charged by you to the Creator in respect of a Booking
“Host Commission” means a commission of 15% of the Booking Fee (excluding VAT where relevant) payable by you to us and to be deducted from the Booking Fee
“Creator” means registered users who search for, book or use Properties
“Host” and “you” means a registered user who publishes a Listing and offer a Property for Booking
“Listing” means an advert published by a Host on our platform offering the Property
“Platform” means our platform, available at styledhomestudios.co.uk
“Property” means the space, property or location offered by Hosts.
- Hosting terms
- Our platform is a curated online marketplace where you can list your Property or specified space(s) within your property, to be Booked by Creators for an Event.
- In order to create a Hosting Account, you must complete our identity verification process, satisfy our eligibility criteria and meet the requirements detailed below. We will require evidence that you are legally permitted to hire out your Property and we will process such identity information and other evidence in accordance with our privacy policy, where this constitutes personal data. We reserve the right to accept or reject a request to create an Account if such requirements are not met. You must also update us without delay if any of the information provided at the time of creation of the Account is no longer accurate or up to date.
- You are solely responsible for the content of the Listing, including ensuring that it is accurate, not misleading and in accordance with advertising standards.
- Our role is to provide the platform, and we have no responsibility to you or to third parties for the Listing whatsoever. However we reserve the right to remove Listings that do not meet with the guidelines of the platform or amend or update to maintain anonymity or to conform to the format of the platform. The fact that a Listing is published on the platform does not indicate that we have verified the Property or endorsed the Listing and you may not hold it out as doing so.
- Once a Creator has Booked your Property, a legal contract is formed between you and the Creator on the terms set out below and as amended by agreement between the parties and any specific terms set out in the Listing. Under no circumstances shall we be a party to that contract. It is your responsibility to provide the Creator with access to the Property at the times and dates agreed in the Booking.
- Creators will only receive the Property address and location once the Booking Fee is paid in full.
- Payments
- It is free for you to publish the Listing on our platform.
- At the point a Booking Request is submitted, Stripe will hold an authorisation of the charge on the Creator’s card, until you accept the Booking, at which point the money will be taken.
- We will deduct the Host Commission from the Booking Fee and remit the balance due to you after the satisfactory completion of the Event (or cancellation, pursuant to clause 4 below), subject to no dispute being raised by either party.
- All payments to you are processed by a third party payment processor, currently Paypal, and you should read their terms and conditions and privacy policy before you accept a Booking. You agree to provide us with accurate and complete information and you authorise us to share this information and all transaction information related to your use of Paypal.
- We reserve the right to change the Host Commission at any time, and will provide you adequate notice of any fee changes before they become effective.
- Cancellations
- In the event that the Creator decides to cancel their Booking, they will contact you via the platform and you will be entitled to receive a proportion of the Booking Fee depending on the notice given, as follows:
- if the Creator cancels their Booking more than 7 days before the start of the Event, you will not be entitled to any of the Booking Fee;
- if the Creator cancels their Booking after 7 days but more than 48 hours before the start of the Event, you will be entitled to receive 50% of the Booking Fee less the Host Commission; or
- if the Creator cancels their Booking within 48 hours of the start of the Event, you will be entitled to receive the full Booking Fee less the Host Commission. If you need to change the date of the Event, please contact the Creator through our Platform. A date change may be rescheduled if mutually agreed upon by us and the Creator. The rescheduled Event must be the same duration as the original confirmed Event and also mutually agreed upon in a time period that complies with the above Cancellation Policy.
- You are responsible for honouring any Bookings and making the Property available in accordance with the agreed terms of the Booking. If you cancel a Booking less than 7 days prior to the Event you will forfeit the full Booking Fee.
- In the event that the Creator decides to cancel their Booking, they will contact you via the platform and you will be entitled to receive a proportion of the Booking Fee depending on the notice given, as follows:
- Your responsibility
- All platform login details and Host Account information are confidential and you should not disclose your login details to anyone else. You must notify us if you are aware of or have reason to believe that your Host Account is being used by a third party and we will take steps to restrict access to your Host Account. You will at all times remain solely responsible for all activities on your Host Account, whether by you or by any third party and we can accept no liability or responsibility on your behalf.
- You are responsible for your own acts and omissions in using the platform, providing Listing and Booking your Property.
- By publishing a Listing, you are warranting to us that:
- You are at least 18 years old and have the capacity to enter into a legally binding contract, or if you are contracting on behalf of a company, you represent and warrant that you are authorised by that company to enter into such contracts and to bind the relevant company;
- You are the legal and/or beneficial owner of the Property or have authority to act on their behalf;
- Hiring out the Property would not cause you to breach the terms of any laws, rules, regulations or contracts or third parties (such as the terms of your lease where the Property is leasehold or the terms of your mortgage);
- The Listing is accurate and not misleading including but not limited to location, restrictions, regulations, availability, amenities and has been kept up to date and does not omit anything that a reasonable Creator might expect to be included; and
- Any photos or videos you include in your Listing accurately reflect the condition of the Property, and are owned or licensed by you
- You must not include within the Listing anything which is false, libellous, misleading, inappropriate, offensive or discriminatory. We reserve the right to remove any Listing in breach of this provision and will not be liable to you for the consequences of such removal.
- At sign-up we will ask you to provide certain information, including whether you are VAT registered. You must notify us immediately if your VAT registration status changes. Please note that you are solely responsible for the payment of all taxes.
- You understand and agree that you will not seek to circumvent these terms by engaging outside our platform with a Creator introduced through the platform to hire out the Property. You also agree not to contact another Creator for any purpose other than asking a question related to your own Booking or Listing, including, but not limited to, recruiting or otherwise soliciting any Creator to join third-party services, applications or websites. In the event that you seek to do so, your Listing may be removed and we will not be responsible for any loss arising from that and in addition, we may seek payment from you for our Host Commission for any Events undertaken where the Creator has been introduced through the platform.
- It is essential that you respect the Creator’s rights to privacy and confidentiality and that you will only use the Creator’s contact details for the purposes of discussing the Booking. You must not share these details with any third party.
- The Creator must leave the Property in the condition that it was found at the start of the Event and they must leave promptly at the agreed time unless you agree to extend the Booking. The must be undertaken though the “Overtime” function on the platform and, unless otherwise agreed, will be charged at 1.5 times the listed hourly rate.
- Property must be clean, tidy and in line with the images in the Listing
- You agree to issue any invoice paperwork in relation to the Booking as the Creator may request from you.
- Use of the Property by the Creator must not cause you to breach the terms of any buildings insurance the Property is covered by, whether a standalone policy or a block insurance policy.
- When using the platform, you must not and must not enable others to:
- breach these terms;
- accept a Booking so as to facilitate any illegal or unlawful activity;
- discriminate against or harass anyone on the basis of any protected characteristics under the Equality Act 2020, or engage in any violent, harmful, abusive or disruptive behaviour;
- use our platform for any other purpose than to source Creators for your Property;
- copy, store or otherwise access or use any information and/or personal data you obtain via the platform of any Creator in a way that would constitute a breach of their rights to privacy;
- use our platform to send unsolicited messages to others; or
- do anything which is a criminal offence under the Computer Misuse Act 1990, such as introducing viruses, worms, Trojans and other technologically harmful or damaging material.
- Our responsibility
- We shall provide the platform with reasonable care and skill although we don’t warrant that your use of the platform will be uninterrupted or error-free and you agree to hold us harmless from any loss arising from such event.
- We represent and warrant that we have the full right, power, legal capacity, and authority to enter into, deliver and fully perform under these terms and that our performance hereunder will fully comply with all applicable laws, rules and regulations in force.
- We do not guarantee to conduct identity verification or background checks on any Creator and if we do we disclaim any warranties of any kind, either express or implied, that such checks will be effective in any way.
-
- We will not issue invoices between Host and Creator. If such invoices are required, the Host and Creator must communicate with each other directly through the messaging system on the Platform.
-
- We shall not be liable for any breach of any Booking terms or the failure of a Creator to fulfil their booking.
-
- We shall not be liable for any acts or omissions of the Creator including damage to the Property.
-
- We will not assume any liability for any direct or indirect losses or damages that may result, including, but not limited to, economic loss. Nothing in these terms shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence.
- We do not guarantee the accuracy of material provided on our platform. As far as legally possible, we exclude legal responsibility for the following:
- any loss to you arising from your use of our platform;
- any loss to you arising from the Creator’s use of your Property;
- loss of income or revenue, anticipated savings, business, opportunity, profit or goodwill; or
- any indirect, special or consequential loss.
- We do not make any warranties or guarantees about our platform. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
- Where an event occurs that is outside our control, we will do our best to manage this. However, it may prevent us from providing certain parts of our platform, and we will not be liable for this failure.
- Our liability under these terms is limited to the Host Commission payable by you under these terms.
- Intellectual property rights
- We are the owner or licensee of all content on our platform save for the Listings. The content on the platform may in its entirety or in part be protected by copyright, trademark, and/or other laws. You acknowledge and agree that the content on the platform, including all associated intellectual property rights, are our exclusive property and/or our licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the platform. All trademarks, service marks, logos, trade names, and any other source identifiers of Styled Homes Studios used on or in connection with the platform are trademarks or registered trademarks of Styled Home Studios. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the platform are used for identification purposes only and may be the property of their respective owners.
- You are not permitted to:
- rent, lease, sub-license, loan or otherwise make the content available to any person;
- copy the content, except as part of the normal use of the content;
- translate, merge, adapt, vary, alter or modify the content, nor allow the content to be incorporated into other programmes;
- disassemble, decompile, reverse engineer or create derivative works from the content.
- You must also comply with all applicable law when using the content. If you breach these terms, any right to use our content shall end immediately, and must destroy or return any copies you have made.
- When you publish a Listing on the platform, you grant us a non-exclusive, royalty free, irrevocable, worldwide licence to use, copy, modify, exploit, publish, share and transfer the Listing in any manner as we see fit, however nothing in these terms shall transfer any intellectual property rights in the Listing from you to us. We reserve the right to make any amendments to any Listing as we see fit.
- Further, you warrant that you are the owner or licensee of all intellectual property rights in the Listing and its publication shall not infringe the intellectual property rights of any third party.
- You acknowledge and agree that you obtain no intellectual property rights in the content of a Creator where they have used your Property for an Event. If you wish to use any content produced by a Creator for your own commercial or other purposes, you must obtain permission of the Creator prior to doing so.
- You agree that during the course of the Event you will respect any confidentiality requests made by the Creator and their crew, including but not limited to “behind the scenes” footage.
- Indemnity
By entering into these terms, you agree to indemnify us against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of a) any non-compliance by you with these terms; b) any improper use of our platform; and / or c) your interaction with any Creator or use of any Property, 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, or use.
- Links from the platform
Links from our platform website to other websites are for information only. We don’t control them and we don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
- Term and Termination, Suspension and other Measures
- You may terminate this agreement as Creator at any time by sending us an email. If you cancel your Hosting Account, any confirmed Booking(s) will be automatically cancelled and the relevant Creators will receive a full refund.
- We may terminate this Agreement with you as a Creator for convenience at any time by giving you fourteen (14) days’ notice via email to your registered email address.
- We may immediately, without notice, terminate this Agreement and/or stop providing access to the platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of us, our Creators, or third parties (for example in the case of fraudulent behaviour of a Creator).
- General
- We intend to rely on the written terms set out in these terms. These written terms constitute the entire agreement between you and us.
- Should there be any conflict between these terms and any hosting platform or payment gateway, these terms shall prevail.
- No third parties have any rights under these terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- If either you or us needs to send a notice to the other, they will send it to the last email address notified to the party. Time of delivery will be the time of transmission of the email. This does not apply to the service of legal proceedings.
- If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms.
- These terms, and any non-contractual obligations arising hereunder, are governed, and construed in accordance with the laws of England and Wales, and the courts of England have exclusive jurisdiction to deal with any dispute arising hereunder.
Contract between Host and Creator
- This legally binding agreement is formed between the Creator and Host upon confirmation of a Booking by a Creator of a Property through the platform (the “Contract”)
- The parties to the Contract are the Host and the Creator only (the “Parties”).
- The capitalised terms used in this Contract shall be defined in accordance with the defined terms set out in the Host Terms and Conditions set out at styledhomestudios.co.uk.
Key terms
- The Host agrees to provide the Creator with access to the Property at the times and dates agreed in the Booking.
- The Creator agrees to leave the Property in the condition that it was found at the start of the Event and agrees to leave promptly at the time agreed in the Booking unless the parties agree to extend the Booking.
- Unless otherwise agreed between the Parties any extended Bookings will be charged at 1.5 times the listed hourly rate
- Any written any terms, conditions, rules and restrictions of the Host set out in the relevant Listing or stipulations or requirements of the Host or Creator included in and agreed to by the Parties in subsequent correspondence shall be treated as terms of this Contract.
- If the Host cancels the Booking less than 7 days prior to the Event they will not receive the Fee.
- If the Creator cancels their Booking, the Creator agrees to pay the Host a proportion of the Booking Fee depending on the notice given, as follows:
-
- if the Creator cancels their Booking more than 7 days before the Event, no Booking Fee is payable to the Host by the Creator;
- if the Creator cancels the Booking after 7 days but more than 48 hours before the Event, the Creator will pay the Host 50% of the Booking Fee; or
- if the Creator cancels the Booking within 48 hours of the Event, the Creator
- will pay the Host the full Booking Fee.
-
- The Host warrants to the Creator that the Listing is accurate, not misleading in all material respects and does not omit anything that a reasonable Creator might expect to be informed of.
- These terms are governed, and construed in accordance with the laws of England and Wales, and the courts of England have exclusive jurisdiction to deal with any dispute arising hereunder