Enforcement of the terms and conditions are as of the acknowledgment date of the customer subscription’s registration transaction or to the date agreed upon a chain of communication established to proceed with manual registration.
Contractor – Quibble LLC (the “Contractor“)
Client – Acknowledging Party (the “Client“)
The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Please read carefully before acknowledging the terms and conditions.
In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
- Pricing and Revenue Management service for short-term, transient, and vacation rental properties.
- Dynamic Pricing of Client properties using proprietary software and third-party vendors.
- Reporting and analytics of the managed properties’ performance.
- Advisor and support for creating and implementing advanced pricing and minimum night stay strategies.
- The Services will also include any other task or tasks which the Parties shall agree on. The Contractor hereby agrees to provide such Services to the Client.
Term of Agreement
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for the duration of the contract OR until terminated as provided in this Agreement. Gold Plan subscriptions are one (1) month. Platinum Plans and Enterprise Plans subscriptions are six (6) months. The Term of this Agreement will commence with a 30-day free trial for the assigned portfolio in the Additional Notes of the subscription. The Client may cancel the Agreement within the 30-day trial period by providing written notice via electronic mail or delivered mail. This Agreement shall be renewed automatically for succeeding terms of one (1) month each unless either Party gives written notice. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States of America Dollars ($ – USD).
The Contractor will charge the Client for the Services at the rate determined by their subscribed plan (Gold, Platinum, Enterprise) per month per listing on a month-to-month subscription (the “Compensation”). The Client will be invoiced every month. A service subscription is charged at the beginning of the monthly period which is determined by the contract agreement date. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement. The Client will be automatically enrolled in the Quibble Rewards program and rewarded five (5) Quibble Bucks for each paid listing per month of the contract. Quibble Bucks can be used as credits towards future invoices of Quibble services. Quibble Bucks and are not cash redeemable nor transferable.
Confidential Information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and Client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Ownership of Intellectual Property
All Intellectual Property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property. Title, copyright, intellectual property rights, and distribution rights of the Intellectual Property remain exclusively with the Contractor.
Return of Property
Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity / Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay or make any contributions to, any social security, local, state, or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension, or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements, for all local, state, and federal taxes related to payments made to the Contractor under this Agreement.
Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to the provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not in the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision for services similar to the Services.
All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to:
15036 North 60th Street, Scottsdale, AZ 85254
or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and cost of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior consent of the Client.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
This Agreement will be governed by and construed in accordance with the laws of the State of Arizona, United States of America.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Quibble’s Consulting-as-a-Service (CaaS) & Software-as-a-Service (SaaS) Acceptable Use Policy
Our Consulting as a Service (CaaS) and Software as a Service (SaaS) Acceptable Use Policy (hereby referred to as this “Policy”) describes prohibited uses of all services offered by Quibble (the “Service”).
The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on Quibble’s internet site at https://quibblerm.com/termsandconditions.
By using any of Quibble’s Services, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Service.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use the Service for any illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: Illegal, Harmful or Fraudulent Activities – Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions, phishing, or pharming; Infringing Content – Content that infringes or misappropriates the intellectual property or proprietary rights of others; Offensive Content – Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; Harmful Content – Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the Service to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include: Unauthorized Access – Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; Interception – Monitoring of data or traffic on a System without permission; Falsification of Origin – Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This provision does not prohibit the legitimate use of aliases and anonymous remailers.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: Monitoring or Crawling – Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; Denial of Service (DoS) – Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; Intentional Interference – Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques; Operation of Certain Network Services – Operating network services like open proxies, open mail relays, or open recursive domain name servers; Avoiding System Restrictions – Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate sending an unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the provider’s acceptable use policy.
Our Monitoring and Enforcement
We reserve the right but do not assume the obligation to investigate any violation of the service’s policy or misuse. We may: Investigate violations of this Policy or misuse of the Service; or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for the use of the Service. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to this policy’s alleged violations.