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 FHS 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 (“Provider Terms”). For the avoidance of doubt, the terms set forth in the Provider Terms 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 Provider Terms. Any modifications, amendments, or redefinitions of the term “Provider” in the Provider Terms 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 Provider Terms within these FHS Terms,  all references to the “Online Booking System” shall include “FareHarbor Hosted Site”.

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

1.4 Definitions. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Provider Terms.

(a) “FHS Commercial Order” means a binding agreement between FareHarbor and Provider detailing specific commercial terms related to the FHS Services (defined below), including the scope of services, associated fees, pricing structures, onboarding processes, and any additional optional services selected by the Provider. The FHS Commercial Order is incorporated into these FHS Terms as if fully set forth herein. 

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

2. FHS Services.  FareHarbor will provide various website hosting, optimization, and support services (“FHS 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. 

3. 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.

4. Compliance. Provider is fully responsible and liable for the Hosted Site’s compliance with all laws, rules, regulations and requirements applicable to Provider and any business or operations it conducts on, by, or through the FareHarbor Hosted Site, including accessibility regulations and/or international web content accessibility standards and guidelines, Data Protection Laws and intellectual property laws. If Provider becomes aware of any non-compliant aspects of the FareHarbor Hosted Site that only FareHarbor can control, Provider shall immediately inform FareHarbor.

5. 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. 

6. Fees and Payment. As consideration for the FHS Services, Provider shall pay FareHarbor the fees set forth in the 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 in full. 

6.1 Commercial Order. Unless otherwise provided for in these FHS Terms, all terms and conditions for fees related to the FHS Services, including specific offerings and discounts, will be described in the applicable FHS Commercial Order. 

6.2 Taxes. All amounts paid by Provider to FareHarbor under these FHS Terms or as described in the applicable FHS Commercial Order shall be exclusive of any applicable Taxes. 

7. Term and Termination. This Agreement is effective from the date that the Provider signed the FHS Commercial Order (more specifically from the effective date stated in such FHS Commercial Order). 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 FHS Services or the FareHarbor Hosted Site, unless otherwise terminated in accordance with these FHS Terms. 

7.1 Monthly Subscriptions. The minimum Subscription Term for FHS Services is one (1) month (“Monthly Subscription”), starting on the date listed as the effective date in the FHS Commercial Order. 

(a) Notice. Either Party may cancel a Monthly Subscription by providing the other Party with no less than thirty (30) days written notice of cancellation.  

(b) Renewal.  Unless terminated in accordance with these FHS Terms,  Monthly Subscriptions shall be renewed automatically for the next calendar month, and the same shall apply thereafter.

(c) Dormant Mode. At any point during the Subscription Term, Provider may elect to place the FHS Services in “Dormant Mode,” which allows for the temporary suspension of the FHS Services. 

(i) Provider’s Obligations. During Dormant Mode, Provider will not be required to make Monthly Subscription payments for the FHS Services. Additionally, any related FareHarbor obligations, including service performance, support, and updates, will be suspended.

(ii) FareHarbor’s Obligations. FareHarbor will not be responsible for providing any services under the FHS Terms during Dormant Mode, including access to or the operation of the FareHarbor Hosted Site. Any technical support, maintenance, or services requested by Provider during Dormant Mode will require written notice and will be subject to applicable fees.

(iii) Notice Requirement. Provider must provide at least fifteen (15) days’ written notice to FareHarbor to activate Dormant Mode. Such notice must clearly specify the desired start and expected end date of Dormant Mode. FareHarbor will acknowledge the notice in writing and confirm the activation of Dormant Mode.

(iv) Reactivation of Services. To end Dormant Mode and reactivate the FHS Services, Provider must provide at least fifteen (15) days’ written notice to FareHarbor. The Monthly Subscription and related services will resume as of the effective date specified in the notice. FareHarbor reserves the right to charge any fees or costs associated with reactivation.

(v) Automatic Continuation. If Provider does not provide FareHarbor with written notice requesting reactivation of the FHS Services at the end of the specified Dormant Mode period, Dormant Mode will automatically continue for an additional thirty (30) days, after which time FareHarbor shall have the right to terminate Provider’s  Monthly Subscription and these FHS Services. 

7.2 Annual Subscriptions. The maximum Subscription Term for FHS Services is a period of twelve (12) months (“Annual Subscription”), starting on the effective date included in the FHS Commercial Order. 

(a) Notice. Provider may cancel an Annual Subscription by providing FareHarbor with no less than thirty (30) days notice of intent to cancel prior to the lapse of the 12 month period.

(b) Renewal. Unless terminated in accordance with these FHS Terms, Annual Subscriptions shall automatically renew for an additional twelve (12) month period, and the same shall apply thereafter. 

8. 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 shall stop 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.