FareHarbor Hosted Site Terms

Last Modified on 1 June 2025

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. Intellectual Property.

5.1 FareHarbor Intellectual Property. The FareHarbor Hosted Site is built using an open-source platform (e.g., WordPress); however, all custom code, templates, layouts, styles, scripts, and proprietary implementations (“Custom Site Elements”) developed by FareHarbor remain the exclusive intellectual property of FareHarbor.

5.2 Provider Content. Provider retains ownership of its own content, including but not limited to images, logos, text, and videos uploaded to the FareHarbor Hosted Site. Provider may export its content but may not transfer or duplicate the Custom Site Elements for use on another platform.

5.3 Limitations on Use. Provider shall not reverse engineer, copy, distribute, or modify the Custom Site Elements, nor attempt to host the FareHarbor Hosted Site outside of FareHarbor’s managed hosting environment

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 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. 

7.1 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. 

    1. Control. In the event of any conflict between the FHS Terms and the Commercial Order, the Commercial Order shall control. The Commercial Order shall specify all applicable fees, terms of service, and any negotiated modifications to these FHS Terms.    

7.2 Onboarding Fee. Upon execution of the FHS Commercial Order, the Provider shall pay a non-refundable onboarding fee to FareHarbor in the amount specified in the FHS Commercial Order (the “Onboarding Fee”).

    1. Application of Fee. The Onboarding Fee will be credited  towards and applied to fees for the Provider’s Monthly or Annual Subscriptions (defined below) following commencement of the FHS Services to Provider.
    2. Non-Refundability. This Onboarding Fee is non-refundable under any circumstances, including but not limited to cancellation of the FHS Services.
    3. Timing of Payment. Provider shall pay the Onboarding Fee within five (5) business days following execution of the respective FHS Commercial Order Date to avoid delays in the initiation of FHS services.

7.3 Alternative Payment Models.

    1. In certain cases, and at FareHarbor’s sole discretion, Provider may be eligible for an alternative payment model in lieu of standard recurring fees for the FHS Services. Under this structure, Provider shall compensate FareHarbor for the FHS Services in accordance with the terms and pricing detailed in the applicable FHS Commercial Order (“Alternative Payment Method”).
    2. Provider’s obligations under the FHS Commercial Order shall remain binding regardless of the payment model used. FareHarbor may revise the payment structure or withdraw the alternative payment model at any time by providing thirty (30) days’ written notice.
    3. The Onboarding Fee described in Section 7.2 shall remain applicable, non-refundable, and payable regardless of the payment model selected. For clarity, participation in an alternative payment model shall not waive, offset, or eliminate the Provider’s obligation to pay the Onboarding Fee.
    4. Annual Review. FareHarbor reserves the right to review the Alternative Payment Model specified in the Commercial Order and adjust the Alternative Payment Method at its sole discretion.

7.4 Remedies in the event of Payment Failure.

    1. Payment Failure Notice. In the event that any payment owed by Provider for the FHS Services fails or is declined by the applicable Payment Service Provider (“PSP”) (including but not limited to a failed credit card charge or ACH debit) and such failure is not cured after two (2) additional attempts or within ten (10) business days of written notice from FareHarbor, FareHarbor may, in its sole discretion, exercise any of the remedies outlined below.
    2. Right to Suspend or Disable FareHarbor Hosted Site. Without waiving any of the other rights and remedies available to it, FareHarbor may suspend or fully disable the FareHarbor Hosted Site until all past-due amounts are paid in full. During any period of suspension or disablement, Provider’s FareHarbor Hosted Site(s) will be unavailable and inaccessible by end customers / Bookers.
    3. Adjustments. Where permissible by applicable law, FareHarbor may, upon written notice to Provider, increase the Booking Fees or the Processing Fees (as those terms are defined in the FareHarbor Terms of Service for Providers) on future Bookings processed via Provider’s Online Booking System until all outstanding amounts are fully recovered. Provider acknowledges and agrees that FareHarbor may automatically deduct, set off, or withhold such increased Booking Fees or Processing Fees until all delinquent balances are recouped.
    4. Collection and Setoff. FareHarbor may exercise any of its rights or remedies described in the Section 10 of the FareHarbor ToS Providers, including the right to (i) collect or set off unpaid fees using the PSP Account linked to Provider’s Dashboard; (ii) suspend payouts or direct payments from the PSP Account; and/or (iii) collect any amounts owed through direct invoicing of Provider, its Associated Companies, or any other authorized payment method.
    5. Reinstatement. Upon Provider’s payment of all outstanding amounts via any of the methods described above, FareHarbor will promptly restore the Hosted Site and/or revert Booking Fees or Processing Fees to their original rates. If Provider’s account remains delinquent beyond thirty (30) days, FareHarbor reserves the right to terminate these FHS Terms and the FHS Services in accordance with the termination provisions of these FHS Terms.
    6. No Liability for Suspension or Disablement. Provider agrees that FareHarbor will not be liable for any direct or indirect damages, costs, losses, or expenses arising from or relating to FareHarbor’s suspension, disablement, or termination of Provider’s FareHarbor Hosted Site(s), the FHS Services, or any increase in Booking Fees or Processing Fees, as outlined above.

7.5 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. For the purposes of clarity, the Section entitled “Tax” in the FareHarbor Terms of Service for Providers applies to these FHS Terms and any transactions related thereto.

8. 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. 

8.1 Monthly Subscriptions. The minimum Subscription Term for FHS Services is one (1) month (“Monthly Subscription Term”), 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 a Monthly Subscription Term of an eligible Subscription, Provider may elect to place the FHS Services in “Dormant Mode,” which allows for the temporary suspension of certain 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) FareHarbor Rights. While the Provider’s FareHarbor Hosted Site is in Dormant Mode, FareHarbor reserves the right to modify, update, or display additional content on the site at its discretion. This may include, but is not limited to, promotional materials, third-party offerings, alternative booking options, or other content that enhances user experience and generates value from site traffic.

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

(v) 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.

(vi) 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. 

8.2 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. 

    1. Cancellation by Provider. Provider may cancel an Annual Subscription by providing FareHarbor with no less than thirty (30) days’ notice of intent to cancel prior to the conclusion of the 12-month period.
    2. Cancellation by FareHarbor. FareHarbor may cancel an Annual Subscription at any time by providing the other party with thirty (30) days’ written notice of intent to cancel prior to the conclusion of the 12-month period. If an Annual Subscription is cancelled by FareHarbor under this provision, FareHarbor will refund applicable fees on a prorated basis.
    3. 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.

8.3 Alternative Payment Model.

    1. Notice Requirement. Provider may terminate these FHS Terms and the applicable FHS Services by providing FareHarbor with no less than thirty (30) days’ prior written notice of termination. Termination shall not be effective until the conclusion of such thirty-day notice period, and Provider shall remain liable for all fees, charges, and payment obligations incurred during such period.
    2. Payment Obligations Upon Termination. Provider shall remain liable and responsible for payment of all amounts due for FHS Services rendered up to and including the effective termination date. Any fees or payments due under the applicable FHS Commercial Order shall remain payable in accordance with the payment terms set forth therein.
    3. No Retroactive Cancellation. Termination shall only take effect prospectively and shall not entitle Provider to any retroactive waiver, refund, or credit of fees incurred prior to the effective termination date, except as otherwise expressly agreed in writing by FareHarbor.

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 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.