FareHarbor Hosted Site Terms

These FareHarbor Hosted Site terms (“FHS Terms”) are between:

1. the legal entity/person that is the subject of the ‘Know Your Customer’ check (“Provider”) performed by FareHarbor and/or the applicable payment service provider; and, 
2. FareHarbor B.V., a limited liability company registered in the Netherlands (“FareHarbor”).

The individuals identified above are individually referred to as “Party” and collectively referred to as the “Parties” in these Terms.

By accepting these FHS Terms, or by accessing or using the Services (as defined below), Provider accepts the terms and conditions herein. If you are entering into these FHS Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “Provider” shall refer to such entity. 

1. Contractual framework. These FHS Terms are in addition to, and form a part of, the Terms of Service for Providers, which may be amended or modified from time to time and is located at the following designated URL: https://fareharbor.com/legal/tos/providers/, or any successor or replacement URL that FareHarbor may designate (“ToS Providers”). For the avoidance of doubt, the terms set forth in the ToS Providers also apply to the FHS Services. 

1.1 Provider Definition. For the purposes of these FHS Terms, the term “Provider” shall be synonymous with and carry the same meaning, rights, obligations, and liabilities as the term “Provider” as defined in the ToS Providers. Any modifications, amendments, or redefinitions of the term “Provider” in the ToS Providers shall automatically apply to and be mirrored in the definition of “Provider” in these FHS Terms.

1.2 Online Booking System. For the purposes of incorporation of the ToS Providers within these FHS Terms,  all references to the “Online Booking System” shall include “FareHarbor Hosted Site”.

1.3 Additional Service. The Services provided under these FHS Terms are deemed to be an Additional Service as defined in Section 1.2(b) of the ToS Providers.

2. Definitions. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the ToS Providers.

2.1 “FareHarbor Hosted Site” refers to the website created and hosted by FareHarbor for Provider under these FHS Terms. 

2.2 “Data Protection Laws” mean the GDPR and other applicable laws relating to the protection and use of information and data, including but not limited to rules regarding the processing of Personal data and the protection of privacy, and any laws or regulations ratifying, implementing, adopting, supplementing, amending or replacing such laws or regulations. 

3. Services.  FareHarbor will provide various website hosting, optimization, and support services to Provider, the details of which are further described in the FHS Commercial Order, which is incorporated within these FHS Terms as if fully set forth herein. 

4. Privacy. These FHS Terms incorporate and are subject to the FareHarbor Data Processing Agreement, as may be modified or updated from time to time, set forth at https://fareharbor.com/legal/data-processing-agreement or such successor URL as FareHarbor may designate, which sets out the Parties obligations and rights under the Data Protection Laws.

5. Compliance. Provider is fully responsible and liable for the compliance of its FareHarbor Hosted Website. If Provider becomes aware of any non-compliant aspects of the FareHarbor Hosted Website that only FareHarbor can control, Provider shall immediately inform FareHarbor.

6. Warranties. Provider represents and warrants that they are the domain owner, or registrant, that is the individual or organization with exclusive rights to, and control over, the website domain that receives, has received, or will receive, services under these FHS Terms. 

7. Fees and Payment. As consideration for the FHS Services, Provider shall pay FareHarbor the fees set forth in your Stripe Billing. applicable fee schedule (“FHS Commercial Order”). FareHarbor shall invoice Provider per the information set forth in the FHS Commercial Order, and FareHarbor reserves the right to suspend its provision of all or part of the FHS Services if Provider fails to timely pay any undisputed amounts due to FareHarbor until such amounts have been paid. 

8. Term and Termination. This Agreement is effective from the date that the Provider accepts these FHS Terms. Furthermore, accessing or using the FHS Services or the FareHarbor Hosted Site constitutes acceptance of these FHS Terms, which shall continue to be in full force and effect for so long as the Provider continues to use or access the Services or the FareHarbor Website.

9. Modification and Amendment. FareHarbor reserves the right to modify or amend these FHS Terms, at any time. Upon such modification or amendment, Fareharbor will provide Provider with reasonable notice, at least 15 days in advance, in accordance with the notice provisions of these FHS Terms. Any modifications to these FHS Terms will become effective on the date set forth in FareHarbor’s notice. If Provider disagrees with any modification to these FHS Terms, Provider shallstop all access to and use of the FHS Services. Provider’s continued use of the FHS Services after any modification to these FHS Terms shall be deemed as Provider’s acceptance to these FHS Terms as modified.