Terms

ABODEbucks LLC TERMS OF SERVICE 

These Terms of Service, together with any applicable Order Form (collectively, the “Agreement“), describe the terms and conditions under which ABODEbucks LLC (“ABODEbucks”) will perform Services (as described in Order Form) for Property Owner (as defined in Order Form) regarding Property (as defined in Order Form). ABODEbucks and Property Owner are each hereafter referred to individually as a “Party” and together as the “Parties”. 

NOW, THEREFORE, the Parties agree as follows: 

Property Owner desires to retain ABODEbucks to perform vacation rental property management Services for Property Owner from time to time at Property, and ABODEbucks is willing to perform the Services for Property Owner in accordance with the terms and conditions set forth in these Agreement. 

Access. Property Owner grants ABODEbucks full access to Property (as defined in Order Form) to perform Services. Property Owner will furnish all keys, access codes, entryways, and any other means of access to ABODEbucks so that ABODEbucks can fulfil their duties under this Agreement. 

Third Party Terms. Certain parts of the Services require the creation of a online account with third parties (e.g. Airbnb, VRBO, Home/Away, etc.). Property Owner is responsible for reviewing any applicable terms before participating in any part of the Services to which such terms apply. ABODEbucks may accept certain third-party terms and conditions as agent on Property Owner’s behalf where necessary for ABODEbucks to perform Services requested by Property Owner under this Agreement. ABODEbucks shall have no responsibility or liability in relation to such additional terms. 

Payment. ABODEbucks reserves the right to request a prepayment or prepaid retainer from Property Owner at any time. ABODEbucks will send Property Owner a monthly invoice via email reflecting the amount owed by Property Owner to ABODEbucks. Property Owner will pay the amount set out in each invoice, without set-off, within fourteen (14) days of its receipt of such invoice. ABODEbucks may charge interest on overdue amounts, from the due date up to the date of actual payment, whether before or after any judgment, at a monthly rate of 1.5%, or the highest rate permitted by applicable law, whichever is less. Property Owner will reimburse ABODEbucks for expenses and recovery costs incurred in collecting any past due amounts, including reasonable attorneys’ fees and costs of collection. Claims relating to invoices or account charges must be raised by Property Owner within five (5) days of receipt or will be barred. 

Indemnification. Either Party will defend, indemnify, and hold harmless the other Party and its officers, directors, employees and subsidiaries from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party. 

Indemnification Process. The indemnified party will promptly notify the indemnifying party of the claim and cooperate with the indemnifying party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (a) any settlement requiring the indemnified party to admit liability or pay any amount (not covered by the indemnifying party) requires prior written consent of the indemnified party, not to be unreasonably withheld or delayed; and (b) the indemnified party may join in the defense with its own counsel at its own expense. 

Warranties. By Property Owner: Property Owner represents and warrants to ABODEbucks that: (a) it has the right to enter into this Agreement, to grant all rights granted and to perform its obligations under this Agreement. By ABODEbucks: ABODEbucks represents that: (a) it has the right to enter this Agreement and perform its obligations. For any breach of this section, ABODEbucks’ sole liability and Property Owner’s sole remedy will be re-performance of the Services by ABODEbucks or Property Owner’s termination rights below. 

Limitations on Liability. Disclaimer of Damages. ABODEBUCKS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PROPERTY OWNER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS (WHETHER DIRECT OR INDIRECT) OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES RELATED TO THIS AGREEMENT, EVEN IF ABODEBUCKS IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. 

Cap on Liability. UNDER NO CIRCUMSTANCES WILL ABODEBUCKS’ COLLECTIVE TOTAL LIABILITY ARISING OUT THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY PROPERTY OWNER TO ABODEBUCKS UNDER THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION). 

Term and Termination. This Agreement will remain in full force and effect in accordance with the Term described in the Order Form, and will terminate upon written notice of cancellation of Agreement by ABODEbucks or Property Owner with or without cause, with such termination to take effect thirty (30) days from receipt of such termination notice. Upon termination of this Agreement: (a) ABODEbucks will cease providing the Services for Property Owner; and (b) Property Owner will, within thirty (30) days, pay to ABODEbucks any fees that have accrued prior to the effective date of termination. 

Disputes. Please contact ABODEbucks first! ABODEbucks wants to address Property Owner’s concerns without resorting to formal legal proceedings. Before filing a claim, Property Owner agrees to try to resolve the dispute informally by contacting ABODEbucks first by email or telephone. 

Venue for disputes. Property Owner and ABODEbucks agree that any judicial proceeding to resolve claims relating to this Agreement or the Services will be brought in the federal or state courts located in St Louis, Missouri. Property Owner and ABODEbucks consent to venue and personal jurisdiction in such courts. 

Controlling Law. This Agreement is governed by the law of the State of Missouri except for its conflicts of laws principles. 

Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party. 

Amendments. ABODEbucks reserves the right to revise this Agreement and Services, and Property Owner’s rights and obligations are at all times subject to the Agreement then posted at https://www.abodebucks.com/terms. 

Force Majeure. ABODEbucks will not be liable for any delay or failure to perform as required by this Agreement because of any cause or condition beyond ABODEbucks’ reasonable control. 

Severability. If any portion of this Agreement is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of this Agreement, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible. 

Waiver. The failure of a party to require performance of any provision will not affect that Party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 

Notice. All notices to ABODEbucks must be delivered in writing by courier, certified or registered mail (postage prepaid and return receipt requested): ABODEbucks LLC 2915 Magnolia Avenue, St. Louis Missouri 63118 U.S.A. With an email copy to: [email protected] Notices to Property Owner will be sent to the email address on file and are deemed effective when sent. 

Entire Agreement. This Agreement constitutes the entire Agreement between the Parties regarding the Services and will supersede all prior Agreements between the Parties, whether written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the Agreement of this Agreement.