Property & Listing Management Service

Property & Listing Management Service

Version: 0.10 – September 2022

Summary

Properly’s property management service is a unique and cost-effective approach to support property management, marketing, and guest communication. Properly partners directly with you (the property owner) to help you manage properties for short- and medium-term rentals.

Specifically, Properly’s Service consists of three components:

a) Listing setup on a listing platform of your choice, or if you already have an existing listing, a thorough audit with recommendations and optimization of your listing. 

b) Ongoing management and services, as described below

Properly’s property management services differ from traditional full-service management services in the following aspects:

i) Control over key decisions remains solely with you; you retain full control over the methods of vetting guests, and you appoint or approve cleaners and other service providers you trust to perform services at your property. We manage them on your behalf.

ii) You are the primary owner of the listing platform account and all booking income is paid directly to you from the listing platform. We invoice you for our services.

iii) You select one Listing Platform of your choice. We can advise you based on the market situation, property style, location, and your own goals. Because of our low fees, you typically keep more revenue for yourself on just one platform – and keep things simple, and more nights open for yourself or your family.

iv) Guest Communication. Once guests arrive at the property, we respond to guest inquiries 24/7. Between booking and arrival, we also support your guests 24/7 via the listing platform’s chat function.

Your primary contact is an expert host with deep experience of hosting. They set up your listing with you and learn all the details about your property, while keeping a close eye on your property’s performance over time, and they coordinate all of our services. They are supported by a team of schedulers, trainers, our pricing research team, our remote inspection and management team, and our 24/7 guest support team.

Listing Setup Services  Summary

Our listing setup services include the following:

Service

Description

Notes 

Photography

We work closely with you to ensure that you’re presenting your property in its best light. We can advise on the approach to get great results and assist in locating professionals to help if necessary. Properly has conducted over 100,000 digital reviews in the last two years, and our expert team has reviewed millions of listing photos. We know what works!

Content

Our copywriters create engaging titles and listing descriptions for your property to help boost conversion. An attention-grabbing title and a compelling description can be the deciding factor when guests are looking for a place to stay. Then, we add our extensive industry experience to ensure your listing stands out from the crowd.

Pricing

For many owners, pricing is the most difficult element of listing creation. We base our pricing and policy recommendations on a holistic, evidence-based analysis of your local competitors’ terms, policies, fees, deposits, minimum stays, discounts, and pricing details. We also review local and regional market data to help strike a balance that suits your goals. We also assist with setting up dynamic pricing if requested (optional) and monitor your pricing continuously.

Guest Communication

Listing sites allow automated Guest-facing communication including check-in instructions, location information, frequently asked questions, and a guest guidebook. We will ensure that your guest communication delivers 5 star-reviews: friendly, responsive, informative, and clear. 

Our front-desk service will also answer guest queries related to the property, arrivals, internal issues, etc. 24/7 and work closely with our Remote Management team (see below). We do not however currently provide local concierge-type information services. 

Final review 

Before your listing goes live or any changes take effect, we will review all key items with you to ensure you approve. You have the final say. We are using a wealth of information and experience to both ease the listing challenges and also to provide the best results but you are in control at all times.

Listing Account

There are two options depending on your preferences: 

  • You control the account and provide us with partner access, such as Co-Host on Airbnb
  • We will set up or optimize your listing with you

Ongoing management Services

Service 

Description

Notes 

Working with Service Providers 

(Cleaners & Maintenance)

We will work closely with your designated service provider(s). They will be paid at a per-job and hourly rate agreed upon between you and your service provider; payment can optionally be handled by Properly. (at a small additional fee).

Properly will provide training materials and assess your service provider’s skills on an ongoing basis, and provide software (a free mobile app)  and real-time communication to support your service provider. 

Properly also maintains a network of tens of thousands of service providers worldwide. If your designated service provider is not available, we can offer an alternative in many markets.

Cleaner scheduling and dispatch

We schedule and dispatch your cleaner(s) of choice as the primary provider(s). If a primary provider is not available, we may substitute a provider from the Properly service provider network subject to your agreement.

Turnover checklists 

Our proven best-practice checklist approach underpins all management processes, ensures all details are addressed,  allows for real-time inspections and ensures important records are kept. We create the following process checklists to standardize the management or your property:

  • Standard turnover
  • Checkin
  • Checkout
  • Beginning of season checklist (if applicable)
  • End of season checklist (if applicable)
  • Pet stay additional inspection checklist (if applicable) 

Maintenance checklists and schedules

Regular checks and maintenance avoids guest problems, large maintenance bills, and potentially damaging reviews. Our maintenance plan focuses on light maintenance items that are critical to the smooth functioning of your home and that can be completed by your cleaner and are supported by our step-by-step training modules. All of this is covered in our onboarding program and is subject to your approval.

Restocking plan and checklist

Properly creates a custom restocking plan for you. Items that need to be restocked/replaced include bathroom amenities, batteries, and kitchen consumables. Properly also manages restocking through regular monitoring of inventory levels via our Remote  Management in collaboration with your trusted service provider.

Remote management

Remote Management is the core component of our offering. We inspect thousands of remotely managed jobs per month. We keep track of frequent problems, and maintain a comprehensive library of extra work orders (checklists) and courses (skills) to be able to assign additional work and solve problems in real-time. 

You can pay your service providers directly or Properly can pay them on your behalf. In the latter case, we act as the owner’s payment agent.

As a part of our Remote Management service, Properly:

  • Schedules and dispatches your service provider.
  • Provides the scheduled service provider with the proper instructions when starting a job.
  • Provides real-time support to your service provider. 
  • Monitors problems reported by your service provider while on-site and has hundreds of standard solutions to commonly found problems.
  • Remotely inspects each job and verifies completion to standard.
  • Maintains standard time estimates for jobs and scheduled maintenance tasks pre-approved by you and offers payment to your service providers based on the hourly and per-job rates agreed upon between you and your service provider
  • Schedules additional maintenance as required.

For additional jobs, Properly has approved time ranges and can approve payment to your service provider based on the recorded time. These are all agreed with you as part of our Onboarding Program.

Reporting

You’ll have direct access to your Listing Platform’s real-time revenue reports. In addition, we provide you with an owner app that gives you real-time access to everything happening at your property. This real-time reporting gives you full transparency on what is happening at your property, giving you peace of mind. If you wish, you can follow along – but rest assured that you don’t have to, as we’ll manage the day-to-day details.

Claims support

Occasionally, there are problems at a property. In those cases, we support you with any claims towards the listing platform insurance cover (if applicable) or the guest deposit.

Guest reviews

As part of the listing assessment, we audit your reviews and focus on operational management to improve each element. Our Remote Management team regularly reviews your reviews to help avoid repeat occurrences of an issue and ensure a reply states your side of the story.

Pricing & Contract Term

 

Price

 

One time set-up fee 

$179 (1 property)

$99 per property for each additional property

This includes a full in-take program, one-on-one, to determine your objectives, accrue the required data, build checklists, and introduction to the operational management team, training, and process.

Ongoing Management fee

10% of gross booking revenue

Gross booking revenue is your daily rate multiplied by days of actual occupancy, including all fees. Fees include cleaning fees, extra pet fees, cancellation fees, and any other fees paid to you by the Guests but exclude any taxes and additional guest fees added by the Listing Platform.

Software

Free

Properly Quality Management app (normally $149 per unit/per year)

Contract term 

12 months with one-year auto-renewal

Properly incurs substantial expenses in the upfront setup of a listing and management processes; we recover these expenses over the term of the contract.

Early termination fee

$500

Owner can cancel at no cost by giving notice at least 30 days prior to the one-year anniversary of the contract. In addition, an Owner can cancel without notice at any time by paying the early termination fee. Owner retains all future bookings and owes no additional fees beyond the early termination fee. Properly will end providing its services on the effective date of the Cancellation.

Fee Schedule

  • One time set-up fee: Upon signature of the agreement below. We will forward you a payment link.
  • Commission payments become valid after the final sign-off of a) the listing b) checklists, and c) service provider training.
  • Booking fee.  We will charge our 10% booking fee at  the end of each month

This proposal is valid for seven days from the date shown on page one and may be subject to change after this time. The proposal is only valid for the person or persons shown on the first page and may not be assigned to any other party.

To adopt this proposal, please read and confirm the Terms and Conditions and add a signature. Once this has been signed and returned, we will contact you to begin the onboarding program.

AGREEMENT

To adopt the Properly Listing Management service and take advantage of the introductory setup fee, please read the Terms and Conditions noted below. Sign, date, and add the number of properties you wish to include as part of the Listing Manager program.

Please tick check this box to confirm that a) you are an Owner or Property Manager and that you own or are authorized to manage and let the property(*s) in your name. In addition and without exception, you are also authorized to transact bookings, including financial exchange of monies from bookings derived from listing sites. b) that by signing this contract and using the Properly Listing Manager Service, you agree to be bound by these terms (below), which you acknowledge you have read and understood. You also authorize us to collect the Commission Fee via a card payment system or debit payment method from your bank account.

Requirements and Terms

Definitions: 

An “Owner” is defined as a controller of a short-term rental property, whether the property is owned or managed, but is fully responsible for marketing, financial and operational management of the property.

A “Service Provider” is a third-party contractor engaged solely by the Owner and never by Properly who may clean a property, provide maintenance or laundry services

A “Job” is an activity (such as cleaning) that is established through the process of bookings on a listing platform or through pre-determined and scheduled maintenance tasks.

Software: Any Owner who wishes to access and use Properly’s free app(for service monitoring purposes) for the Listing Manager Service will need to abide by the software terms and conditions prior to download found here:

  1. To avoid doubt, Properly never acts as a principal in any way with transactions or services between Guest and Owner.
  2. Owners acknowledge that any claim made or in connection with a dispute with a Guest is the Owner’s responsibility.
  3. Similarly, any claim or dispute a Guest has is direct with the Owner and not Properly
  4. Documents, templates, or booking Terms and Conditions made available by Properly are done without liability and are purely advisory. The final decision on any listing content or operational management activities is the Owner’s sole responsibility
  5. Properly is not itself a party to any rental transaction, does not act as Merchant of Record, whether as an agent, principal, or otherwise, and has no liability in respect of any such financial transaction or otherwise.
  6. Properly does not act and does not provide any legal, tax, or accounting advice.
  7. Owners’ Properties will be made publicly available on a Listing Site(s) of the Owner’s Choice.
  8. The Owner and not Properly is solely responsible for the rental prices listed on any listing sites. Properly acts in an advisory role only and the final decision on all pricing is met by the Owner.
  9. If Properly enters into any communication with Guests through the normal course of business, Properly will have no liability for any damage or harm resulting from interactions with Guests or for damage caused by Guests to the property.
  10. The Owner is responsible for compliance with laws (including but not limited to copyright laws), rules, and regulations, including any sales tax and VAT requirements and in respect of any conflict with or breach of the rights of third parties. For clarification purposes and as noted above the booking agreement is between the Owner and the Guest. Properly and its Listing Manager Service is not, and does not become, a party to any contractual relationship with the Guest.
  11. The Owner is solely responsible for taking out, keeping in force, and maintaining the appropriate property and public liability insurance and also for providing and servicing appropriate fire fighting, Carbon Dioxide, and Carbon Monoxide detection equipment and also maintaining the property’s structural integrity together with electrical and gas safety testing and certification requirements.
  12. The Owner agrees to permit Properly to authorize the Service Provider to spend extra time (and therefore added hourly costs) on a job if deemed necessary by the Remote Management Team. This sum will be agreed by both parties at the Intake program and will include specified tasks.
  13. To ensure that all and any inquiries made through any listing site are subsequently booked and paid (full payments, balances, and deposits) through the Listing site and not booked “offsite” or through any other media. In the event that inquiries originating on the Listing Site result in the Advertiser attempting to navigate the system and redirect the Guest to the owners own or a third-party website or payment system Properly will terminate the listing and management services immediately.
  14. Any advice, suggestions, or recommendations (whether written or oral) or work that we, our affiliates or partners provide or carry out for you is done without warranty, and all final decisions regarding the running of your business and property rest with you alone; Properly’s liability is limited to the reimbursement of the Commission Fee that we have actually collected in the previous 12 months. Properly can not be held responsible or in breach for any delay or noncompliance resulting from the occurrence of a case of force majeure, pandemics, or Govt/local authority instructions to close destinations or properties.
  15. The Properly Commission Fee (and sales tax or VAT if applicable) amount is calculated on a monthly basis at a rate of ten percent (10%) of the total rental amount paid by the guest, excluding any  taxes and additional guest fees added by the Listing Platform
  16. The Service Fee will be charged on all bookings received following the sign-off of the Listing(s) and the Remote Management setup, until termination. The payment is remuneration for Properly Listing Manager services and Properly does not become a party to any contractual relationship between the Guest and the Owner. Bookings or reservations that are made where no rental is charged (usually by Owners for personal use or for use by their friends and family) must be notified to Properly upon booking.
  17. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, Properly will use reasonable endeavors to publicly post and obtain your consent to those material modifications. Immaterial modifications are effective upon publication. If you do not agree with any modification of these Terms, your only remedy is to terminate these Terms, which you may do at your sole discretion as set forth in Section 21. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  18. Properly does not provide cleaning or other on-site services of any kind, nor does it employ any Service Providers. Properly merely facilitates the exchange of information between Owners and Service Providers and offers a Remote Management Service which includes checklist creation for management and maintenance governance and online Remote Inspection of tasks in real-time by the Service Provider.
  19. Once an Owner receives a booking and a Job is posted, and the Owner’s Service Provider (or if agreed separately a marketplace Service Provider) accepts the Job, Properly will confirm to the Service Provider that the Job has been booked. Once a Job is booked, an agreement is formed directly between the Owner and the Service Provider for the Service Provider to complete the Job. Owners and Service Providers are entirely responsible for determining the terms and conditions governing any agreement they form for providing and receiving services. Properly will schedule and dispatch the Service Provider and provide Remote Management and inspection of the cleaner service, but is not responsible for any financial obligations between Owner and Service Provider.
  20. Termination; Discontinuation, and Modification of the Listing Manager Service..You may terminate these Terms at any time by (i) contacting customer service at support@getproperly.com and requesting termination of your account. In addition Properly may, in its sole discretion, terminate your account or suspend or terminate the Listing Manager Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination.
  21. Nature of Relationship. The relationship between you and Properly is that of independent contractors. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding upon the other, except as provided for herein or authorized in writing by the party to be bound. Properly does not employ or pay, or any Service Providers, nor does Properly serve as a hiring or contracting agency for Service Providers. If an Owner chooses to hire a Service Provider, that business relationship is entirely between the Owner and the Service Provider. Properly merely provides certain online features and functionality (such as visual checklists) as part of its software/app Listing Manager Service offered to both Owners and Service Providers. If you are a Service Provider with authority to operate Owner(s) Property(s) you expressly acknowledge that you are not an employee of Properly and that you are not entitled to any benefits of employment with Properly, including but not limited to unemployment benefits. You expressly acknowledge that you are responsible for filing and paying your own taxes.
  22. Governing Law. These Terms are governed by the laws of the following jurisdictions, in each case, notwithstanding the conflict of law principles of such jurisdictions: 23.1 New South Wales, Australia, if you are accessing and using the Listing Manager Service primarily in Australia; 23.2 the State of Delaware in the United States of America, if you are accessing and using the Listing Manager Service primarily in the United States of America; and 23.3 New Zealand, if you are accessing and using the Listing Manager Service primarily in any jurisdiction other than Australia or the United States of America. 23.4 If a lawsuit or court proceeding is permitted under these Terms then you and Properly agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales, Australia, San Francisco, California, or New Zealand (respectively) as the exclusive forum for the resolution of such lawsuit or court proceeding. We operate the Listing Manager Service from our offices in California, and we make no representation that Materials included in the Listing Manager Service are appropriate or available for use in other locations outside California
  23. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Properly regarding your use of the Listing Manager Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The English language version of these Terms is the official and controlling version, and any translation provided is solely for convenience.
  24. Dispute Resolution and Arbitration: Generally. In the interest of resolving disputes between you and Properly in the most expedient and cost-effective manner, you and Properly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PROPERLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  25. Exception: Despite the provisions of Section 25, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  26. Notice and good faith resolution: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by an internationally recognized courier service, in each case with all postage and delivery fees paid and a delivery confirmation required, or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Properly’s the address for Notice is: Properly, Inc., 5214F Diamond Heights Blvd #356, San Francisco, CA 94131-2175, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Properly may commence an arbitration proceeding.
  27. Process. Where a party seeks to commence an arbitration proceeding pursuant to Section 25: and the Listing Manager Service is a) provided in Australia: it will be resolved by arbitration under the dispute shall be resolved in accordance with the Australian Center for International Commercial Arbitration (“ACICA”) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. If the parties are unable to agree on the appointment of an arbitrator, one shall be appointed by the President of the ACICA. During such arbitration, both parties may be represented by a duly qualified legal practitioner. b) If the Listing Manager Service is provided in the United States of America: it will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Properly; and c) If the Listing Manager Service is provided elsewhere in the World (including New Zealand): it will be resolved by arbitration under the Arbitration Act 1996 (New Zealand). If the parties are unable to agree on the appointment of an arbitrator, one shall be appointed by the President of the New Zealand Law Society. During such arbitration, both parties may be represented by a duly qualified legal practitioner. A party to arbitration under this Agreement may appeal to the High Court on any question of law arising out of an award, and any matter relating to the construction of this Agreement shall be considered a question of law.
  28. No Class Actions. YOU AND PROPERLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Properly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  29. Consent to Electronic Communications: By using the Listing Manager Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  30. Privacy Policy. Please read Properly Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into and made a part of, these Terms.

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Listing Setup Service

properly|managed  Listing Setup Service

Version: 0.9 – March 2022

Summary

properly|managed Listing Setup Service is a novel and cost-effective approach to property management, marketing, and guest communication. Properly partners directly with you, the property owner, to help you manage properties for short-term and medium-term rentals.

Specifically, Properly’s List Setup Service consists of a Listing setup on a listing platform of your choice, a thorough audit with recommendations, and your listing optimization. 

properly|managed services are different from traditional management services in the following key aspects:

  1. Control over critical decisions remains solely with you; you retain complete control over the methods of vetting guests, and you appoint or approve cleaners and other service providers to perform services at your property.
  2. You are the primary owner of the listing platform account, and all booking income is paid directly to you from the listing platform. We invoice you for our services.
  3. Listing on one platform makes things simpler and typically allows hosts to keep more revenue, so you can choose which platform you’d like to use. Of course, we can advise you based on the market situation, property style, location, and your own goals!  

Listing Setup Services Summary

The following is an overview of the listing elements that are addressed (but not limited to.)

Service

Description

 

Photography

We work closely with you to ensure that you use best practices to present your property. We can advise on the approach to get great photos and assist in locating professionals to help if necessary. Properly has vetted over 80,000 properties and their photos in the last two years, so we know what works!

Content

An attention-grabbing title and a compelling description can be the deciding factor when guests are looking for a place to stay. Our professional copywriters create engaging titles and listing descriptions for your property to help boost conversion. Then, we add in our extensive industry experience to make sure your listing stands out from the crowd.

Pricing

Pricing is the most challenging element of listing creation for most owners (and even some managers!) We tackle the tricky task by analyzing your local competitors’ terms, policies, fees, deposits, minimum stays, discounts, and pricing details. We also review local and regional market data to establish evidence-based pricing and policy recommendation, striking a balance that suits your goals. We also assist with setting up dynamic pricing if requested (optional) and monitor your pricing continuously.

Final review 

Before your listing goes live or any changes take effect, we will review all key items with you to ensure that all is correct and optimized. You have the final say in everything we do. We are using a wealth of information and experience to both ease the listing challenges and provide the best results, but you are in control at all times.

Listing Account

There are three options depending on your preferences: 

  • You may control the account and provide us with partner access, such as Co-Host on Airbnb.
  • We will set up or optimize your listing with you.
  • We can adopt your account but retain your ownership details depending on the listing platform.
  1. Pricing & Contract Term

 

Price

 

One-time set-up fee 

$449 (1 Property)

$179 (1 property)

$99/property for each additional property

This includes a full onboarding program, one-on-one, to determine your objectives accrue the required data. We offer a launch discount, reducing the price from $449 to $179.

Fee Schedule

  • One-time set-up fee: Upon signature of the agreement below. We will forward you a payment link.

This proposal is valid for seven days from the date shown on page one and may be subject to change after this time. The proposal is only valid for the person or persons are shown on the first page and may not be assigned to any other party.

Please read and confirm the Terms and Conditions and add a signature to adopt this proposal. Once this has been signed and returned, we will contact you to begin the intake program.

AGREEMENT:

To adopt the properly|managed Listing Setup Service and take advantage of the introductory setup fee, please read the below terms and conditions.  Sign, date, and add the number of properties you wish to include in the Listing Manager program.

  • a) Confirm that you are an Owner or Property Manager and that you own or are authorized to manage and rent the property(*s) in your name. In addition and without exception, you are also authorized to transact bookings, including financial exchange of monies from bookings derived from listing sites. 
  • b) By signing this contract and using the Properly Listing Manager Service, you agree to be bound by these terms (below), which you acknowledge you have read and understood. You also authorize us to collect the Set Up Fee via a card payment system or debit payment method from your bank account.
  • c) If you are not satisfied with our service, we will provide you with a full refund.

Requirements and Terms

Definitions: 

An “Owner” is defined as a controller of a short-term rental property, whether the property is owned or managed, but is fully responsible for both marketing, financial and operational management of the property. 

Software: Any Owner who wishes to have the optional access and to use the free app provided by Properly for the Listing Manager Service for service monitoring purposes will need to abide by the software terms and conditions prior to download found here:

  1. To avoid doubt, Properly never acts as a principal in any way with transactions or services between Guest and Owner. 
  2. Owners acknowledge that any claim made or connected with a dispute with a Guest is the Owner’s responsibility.
  3. Similarly, any claim or dispute that a Guest has is direct with the Owner and not Properly
  4. Documents, templates, or booking Terms and Conditions made available by Properly are done without liability and are purely advisory. The final decision on any listing content or operational management activities is the Owner’s sole responsibility
  5. Properly is not itself a party to any rental transaction, does not act as Merchant of Record, whether as an agent, principal, or otherwise, and has no liability regarding any such financial transaction or otherwise.
  6. Properly does not provide any legal, tax, or accounting advice.
  7. Owners’ Properties will be made publicly available on a Listing Site(s) of the Owners Choice. 
  8. The Owner and not Properly is solely responsible for the rental prices listed on any listing sites. Properly acts in an advisory role only, and the Owner makes the final decision on all pricing. 
  9. The Owner is responsible for compliance with laws (including but not limited to copyright laws), rules, and regulations, including any sales tax and other tax requirements and in respect of any conflict with or breach of the rights of third parties. As noted above, the booking agreement is between the Owner and the Guest for clarification purposes. Properly and its Listing Manager Service is not, and does not become, a party to any contractual relationship with the Guest.
  10. The Owner is solely responsible for ensuring the safety of guests while at the property. This includes contracting, keeping in force, and maintaining the appropriate property and public liability insurance,  providing and servicing appropriate fire fighting, Carbon Dioxide, and Carbon Monoxide detection equipment, and maintaining the property’s structural integrity together with electrical and gas safety testing and certification requirements, and compliance with all safety and other legal and contractual requirements related to renting a property short-term.
  11. The Owner agrees to permit Properly to authorize the Service Provider to spend extra time (and therefore added hourly costs) or incur additional costs on a job if deemed necessary by the Remote Management Team.The maximum amount that can be authorized without additional owner approval is $300.  
  12. To ensure that all inquiries made through any listing site are subsequently booked and paid (full payments, balances, and deposits) through the Listing site and not booked “offsite” or through any other media. If inquiries originating on the Listing Site result in the Advertiser attempting to navigate the system and redirect the Guest to the owner’s own or a third-party website or payment system, Properly will terminate the listing and management services immediately.
  13. Any advice, suggestions, or recommendations (whether written or oral) or work that we, our affiliates or partners provide or carry out for you is done without warranty, and all final decisions regarding the running of your business and property rest with you alone; Properly’s liability is limited to the reimbursement of the Commission Fee that we have collected in the previous 12 months. Properly can not be held responsible or in breach for any delay or noncompliance resulting from a case of force majeure, pandemics, or Govt/local authority instructions to close destinations or properties.
  14. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, Properly will use reasonable endeavors to publicly post and obtain your consent to those material modifications. Immaterial modifications are effective upon publication. If you do not agree with any modification of these Terms, your only remedy is to terminate these Terms, which you may do at your sole discretion as outlined in Section 21. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  15. Properly does not provide cleaning or other on-site services of any kind, nor does it employ any Service Providers. Properly merely facilitates the exchange of information between Owners and Service Providers and offers a Remote Management Service which includes checklist creation for management and maintenance governance and online Remote Inspection of tasks carried out by the Service Provider in real-time.
  16. Once an Owner receives a booking and a Job is posted, and the Owner’s designated Service Provider (or, if agreed separately, a marketplace Service Provider) accepts the Job, Properly will confirm to the Service Provider that the Job has been booked. Once a Job is booked, an agreement is formed directly between the Owner and the Service Provider for the Service Provider to complete the Job. Owners and Service Providers are entirely responsible for determining the terms and conditions governing any agreement they form for providing and receiving services. Properly will schedule and dispatch the Service Provider and provide Remote Management and inspection of the cleaner service, but is not responsible for any financial obligations between Owner and Service Provider.
  17. Termination, Discontinuation, and Modification of the Listing Manager Service.You may terminate these Terms at any time by (i) contacting customer service at support@getproperly.com and requesting termination of your account. In addition, Properly may, in its sole discretion, terminate your account or suspend or terminate the Listing Manager Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, by giving you notice. If we modify the Service, you can terminate your participation in the Service will terminate or suspend certain features W
  18. Nature of Relationship. The relationship between you and Properly is that of independent contractors. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding upon the other, except as provided for herein or authorized in writing by the party to be bound. Properly does not employ or pay, or any Service Providers, nor does Properly serve as a hiring or contracting agency for Service Providers. If an Owner chooses to hire a Service Provider, that business relationship is entirely between the Owner and the Service Provider. Properly merely provides certain online features and functionality (such as visual checklists) as part of its software/app Listing Manager Service offered to both Owners and Service Providers. If you are a Service Provider with authority to operate Owner(s) Property(s), you expressly acknowledge that you are not an employee of Properly and that you are not entitled to any benefits of employment with Properly, including but not limited to unemployment benefits. You expressly acknowledge that you are responsible for filing and paying your own taxes.
  19. Governing Law. These Terms are governed by the laws of the following jurisdictions, in each case, notwithstanding the conflict of law principles of such jurisdictions: 23.1 New South Wales, Australia, if you are accessing and using the Listing Manager Service primarily in Australia; 23.2 the State of Delaware in the United States of America, if you are accessing and using the Listing Manager Service primarily in the United States of America; and 23.3 New Zealand, if you are accessing and using the Listing Manager Service primarily in any jurisdiction other than Australia or the United States of America. 23.4 If a lawsuit or court proceeding is permitted under these Terms, then you and Properly agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales, Australia, San Francisco, California, or New Zealand (respectively) as the exclusive forum for the resolution of such lawsuit or court proceeding. We operate the Listing Manager Service from our offices in California, and we make no representation that Materials included in the Listing Manager Service are appropriate or available for use in other locations outside California
  20. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, these Terms are the entire and exclusive understanding and agreement between you and Properly regarding your use of the Listing Manager Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Should any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The English version of these Terms is the official and controlling version, and any translation provided is solely for convenience.
  21. Dispute Resolution and Arbitration: Generally. In the interest of resolving disputes between you and Properly in the most expedient and cost-effective manner, you and Properly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PROPERLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  22. Exception: Despite the provisions of Section 25, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  23. Notice and good faith resolution: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by an internationally recognized courier service, in each case with all postage and delivery fees paid and a delivery confirmation required, or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Properly’s the address for Notice is: Properly, Inc., 5214F Diamond Heights Blvd #356, San Francisco, CA 94131-2175, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly. Still, if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Properly may commence an arbitration proceeding
  24. Process. Where a party seeks to commence an arbitration proceeding pursuant to Section 25: and the Listing Manager Service is a) provided in Australia: it will be resolved by arbitration under the dispute shall be resolved in accordance with the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the ACICA. Both parties may be represented by a duly qualified legal practitioner during such arbitration. b) If the Listing Manager Service is provided in the United States of America: it will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Properly; and c) If the Listing Manager Service is provided elsewhere in the World (including New Zealand): it will be resolved by arbitration under the Arbitration Act 1996 (New Zealand). If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the New Zealand Law Society. Both parties may be represented by a duly qualified legal practitioner during such arbitration. A party to arbitration under this Agreement may appeal to the High Court on any question of law arising out of an award, and any matter relating to the construction of this Agreement shall be considered a question of law.
  25. No Class Actions. YOU AND PROPERLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Properly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
  26. Consent to Electronic Communications: By using the Listing Manager Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  27. Privacy Policy. Please read Properly’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into and made a part of these Terms.

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Property & Listing Review Service

 

properly|managed   Listing Review Service

Version: 0.9 – March 2022

Summary

properly|managed  Review Service is a novel and cost-effective approach to property management, marketing, and guest communication. Properly partners directly with you, the property owner, to help you manage properties for short- and medium-term rentals.

Specifically, properly|managed Listing Review Service consists of a thorough audit and recommendations about optimizing your listing. 

properly|managed  services are different from traditional management services in the following key aspects:

  1. Control over critical decisions remains solely with you; you retain complete control over the content of your property. 
  2. You are the primary owner of the listing platform account, and all booking income is paid directly to you from the listing platform. 
  3. Listing on one platform makes things simpler and typically allows hosts to keep more revenue, so you can choose which platform you’d like to use. Of course, we can advise you based on the market situation, property style, location, and your own goals!  

 

The following is an overview of the listing elements addressed (but not limited to.)

Service

Description

 

Photography

We work closely with you to ensure that you use best practices to present your property. We can advise on the approach to get great photos and assist in locating professionals to help if necessary. Properly has vetted over 80,000 properties and their photos in the last two years, so we know what works!

Content

An attention-grabbing title and a compelling description can be the deciding factor when guests are looking for a place to stay. Our professional copywriters create engaging titles and listing descriptions for your property to help boost conversion. Then, we add in our extensive industry experience to make sure your listing stands out from the crowd.

Pricing

Pricing is the most challenging element of listing creation for most owners (and even some managers!) We tackle the tricky task by analyzing your local competitors’ terms, policies, fees, deposits, minimum stays, discounts, and pricing details. We also review local and regional market data to establish evidence-based pricing and policy recommendation, striking a balance that suits your goals. We also assist with setting up dynamic pricing if requested (optional) and monitor your pricing continuously.

  1. Pricing & Contract Term
 

Price

 

One-time set-up fee 

$49.(1 Property)

$19 (1 property)

This includes a complete one-on-one onboarding program to determine your objectives and accrue the required data. We offer a launch discount, reducing the price from …$ to $19 per listing

Fee Schedule

  • One-time set-up fee: Upon signing the agreement below. We will forward you a payment link.

This proposal is valid for seven days from the date shown on page one and may be subject to change after this time. The proposal is only valid for the person or persons are shown on the first page and may not be assigned to any other party.

Please read and confirm the Terms and Conditions and add a signature to adopt this proposal. Once this has been signed and returned, we will contact you to begin the intake program.

AGREEMENT

To adopt the properly|managed  List Review service and take advantage of the introductory setup fee, please read the Terms and Conditions noted below.  Sign, date, and add the number of properties you wish to include in the Listing Manager program.

a) Confirm that you are an Owner or Property Manager and that you own or are authorized to manage and rent the property(*s) in your name. In addition and without exception, you are also authorized to transact bookings, including financial exchange of monies from bookings derived from listing sites. 

b) By signing this contract and using the Properly Listing Review Service, you agree to be bound by these terms (below), which you acknowledge you have read and understood. You also authorize us to collect the Set Up via a card payment system or debit payment method from your bank account.

c) If you are not satisfied with our service, we will provide you with a full refund.

Requirements and Terms

Definitions: 

An “Owner” is defined as a controller of a short-term rental property, whether the property is owned or managed, but is fully responsible for both marketing, financial and operational management of the property. 

  1. Documents, templates, or booking Terms and Conditions made available by Properly are done without liability and are purely advisory. The final decision on any listing content or operational management activities is the Owner’s sole responsibility
  2. Properly is not itself a party to any rental transaction, does not act as Merchant of Record, whether as an agent, principal, or otherwise, and has no liability regarding any such financial transaction or otherwise.
  3. Properly does not provide any legal, tax, or accounting advice.
  4. Owners’ Properties will be made publicly available on a Listing Site(s) of the Owners Choice. 
  5. The Owner and not Properly is solely responsible for the rental prices listed on any listing sites. Properly acts in an advisory role only, and the Owner makes the final decision on all pricing. 
  6. The Owner is responsible for compliance with laws (including but not limited to copyright laws), rules, and regulations, including any sales tax and other tax requirements and in respect of any conflict with or breach of the rights of third parties. For clarification purposes (and as noted above,) the booking agreement is between the Owner and the Guest. Properly and its Listing Manager Service is not, and does not become, a party to any contractual relationship with the Guest.
  7. The Owner is solely responsible for ensuring the safety of guests while at the property. This includes contracting, keeping in force, and maintaining the appropriate property and public liability insurance,  providing and servicing appropriate fire fighting, Carbon Dioxide, and Carbon Monoxide detection equipment, and maintaining the property’s structural integrity together with electrical and gas safety testing and certification requirements, and compliance with all safety and other legal and contractual requirements related to renting a property short-term.
  8. Any advice, suggestions, or recommendations (whether written or oral) or work that we, our affiliates or partners provide or carry out for you is done without warranty, and all final decisions regarding the running of your business and property rest with you alone; Properly’s liability is limited to the reimbursement of the Commission Fee that we have actually collected in the previous 12 months. Properly can not be held responsible or in breach for any delay or noncompliance resulting from a case of force majeure, pandemics, or Govt/local authority instructions to close destinations or properties.
  9. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, Properly will use reasonable endeavors to publicly post and obtain your consent to those material modifications. Immaterial modifications are effective upon publication. If you do not agree with any modification of these Terms, your only remedy is to terminate these Terms, which you may do at your sole discretion as outlined in Section 21. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  10. Termination, Discontinuation, and Modification of the List Review Service. You may terminate these Terms at any time by (i) contacting customer service at support@getproperly.com and requesting termination of your account. In addition, Properly may, in its sole discretion, terminate your account or suspend or terminate the List Review Service at any time for any reason or no reason, with or without notice. We also reserve the right to temporarily or permanently modify or discontinue the Service at any time (including by limiting or discontinuing certain features) by giving you notice. If we modify the Service, you can terminate your participation in the Service will terminate or suspend certain features
  11. Nature of Relationship. The relationship between you and Properly is that of independent contractors. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding upon the other, except as provided for herein or authorized in writing by the party to be bound. Properly does not employ or pay, or any Service Providers, nor does Properly serve as a hiring or contracting agency for Service Providers. If an Owner chooses to hire a Service Provider, that business relationship is entirely between the Owner and the Service Provider. Properly merely provides certain online features and functionality (such as visual checklists) as part of its software/app Listing Manager Service offered to both Owners and Service Providers. If you are a Service Provider with authority to operate Owner(s) Property(s), you expressly acknowledge that you are not an employee of Properly and that you are not entitled to any benefits of employment with Properly, including but not limited to unemployment benefits. You expressly acknowledge that you are responsible for filing and paying your own taxes.
  12. Governing Law. These Terms are governed by the laws of the following jurisdictions, in each case, notwithstanding the conflict of law principles of such jurisdictions: 23.1 New South Wales, Australia, if you are accessing and using the Listing Manager Service primarily in Australia; 23.2 the State of Delaware in the United States of America, if you are accessing and using the Listing Manager Service primarily in the United States of America; and 23.3 New Zealand, if you are accessing and using the Listing Manager Service primarily in any jurisdiction other than Australia or the United States of America. 23.4 If a lawsuit or court proceeding is permitted under these Terms, then you and Properly agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales, Australia, San Francisco, California, or New Zealand (respectively) as the exclusive forum for the resolution of such lawsuit or court proceeding. We operate the Listing Manager Service from our offices in California, and we make no representation that Materials included in the Listing Manager Service are appropriate or available for use in other locations outside California
  13. General. Together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, these Terms are the entire and exclusive understanding and agreement between you and Properly regarding your use of the Listing Manager Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Suppose any part of these Terms is held to be invalid or unenforceable. In that case, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The English language version of these Terms is the official and controlling version, and any translation provided is solely for convenience.
  14. Dispute Resolution and Arbitration: Generally. In the interest of resolving disputes between you and Properly in the most expedient and cost-effective manner, you and Properly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of (or relating to) any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PROPERLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  15. Exception: Despite the provisions of Section 25, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  16. Notice and good faith resolution: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by an internationally recognized courier service, with all postage and delivery fees paid a delivery confirmation required.If such other party has not provided a current physical address, they can send notice by email (“Notice”). Properly’s the address for Notice is: Properly, Inc., 5214F Diamond Heights Blvd #356, San Francisco, CA 94131-2175, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly. Still, if the parties do not agree to do so within 30 days after the Notice is received, you or Properly may commence an arbitration proceeding
  17. Process. Where a party seeks to commence an arbitration proceeding under Section 25: and the Listing Manager Service is a) provided in Australia: it will be resolved by arbitration under the dispute shall be resolved per the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the ACICA. A duly qualified legal practitioner may represent both parties during such arbitration. b) If the Listing Manager Service is provided in the United States of America: it will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Properly; and c) If the Listing Manager Service is provided elsewhere in the World (including New Zealand): it will be resolved by arbitration under the Arbitration Act 1996 (New Zealand). If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the New Zealand Law Society. A duly qualified legal practitioner may represent both parties during such arbitration. A party to arbitration under this Agreement may appeal to the High Court on any question of law arising out of an award. Any matter relating to the construction of this Agreement shall be considered a question of law.
  18. No Class Actions. YOU AND PROPERLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Properly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
  19. Consent to Electronic Communications: By using the Listing Manager Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  20. Privacy Policy. Please read Properly’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into and made a part of these Terms.



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Ask a ProperHost Service

 

Ask a ProperHost Service

Version: 0.9 – March 2022

 

Summary

 Properly|managed  “Ask a ProperHost Service” is a novel and cost-effective approach to listing management, marketing, and guest communication. Properly partners directly with the property owner to help you manage properties for short- and medium-term rentals.

Specifically, Ask a ProperHost Service consists of

  1. A ProperHost is an expert host who will share advice and guide you to become a host too. If you already have an existing listing, they will provide a thorough review with recommendations about optimizing your listing. 
  2. The ProperHost will guide you through the ins and outs of managing your listing so you can get more out of your property. They can provide valuable insights into your market, teach you how to beat your competitors, and help you prevent or solve problems typically faced by new hosts.

The ProperHost will provide you with:

  • Insights from your market.
  • Information about competitors.
  • A review of your listing to help you understand where your listing can improve.
  • Advice on improving bookings.

ProperHost will be able to answer many of your questions about hosting and guide you every step of the way.

 c) Our experts screen all ProperHosts before being approved to join our program. All ProperHosts have been carefully selected based on their expertise and knowledge of the industry.

 

The following is an overview of some of the listing elements that can be addressed by the ProperHost:

Service

Description

 

Photography

Your ProperHost works closely with you to ensure that your property is correctly presented using best practices and can advise on the approach to get great results. 

Content

Your ProperHost can advise you about creating engaging titles and listing descriptions for your property to help boost conversion.

Pricing

Your ProperHost helps tackle the tricky task by analyzing your local competitors’ terms, policies, fees, deposits, minimum stays, discounts, and pricing details. They can establish evidence-based pricing and policy recommendations that strike a balance that suits your goals. They can also assist with setting up dynamic pricing if requested (optional) and monitor your pricing continuously.

  

Final review 

Finally, ProperHost will review all necessary items with you to ensure that all is correct and well-optimized. While ProperHosts can offer a wealth of information and experience to ease listing challenges and get the best results, you remain in control at all times (and always have the final say!)

 

  
  1. Pricing & Contract Term

 

Price

 

One-time set-up fee 

$129(1 Property)

$99 (1 property)

This includes a complete one-on-one onboarding program to determine your objectives and accrue the required data. Our launch discount reduces the price from $129 to $99.

   
   

Fee Schedule

  • One-time set-up fee: Upon signature of the agreement below. We will forward you a payment link.

This proposal is valid for seven days from the date shown on page one and may be subject to change after this time. The proposal is only valid for the person or persons are shown on the first page and may not be assigned to any other party.

Please read and confirm the Terms and Conditions and add a signature to adopt this proposal. Once this has been signed and returned, we will contact you to begin the intake program.

AGREEMENT

To adopt the “properly|managed” Ask a Proper Host service and take advantage of the introductory setup fee, please read the Terms and Conditions noted below.  

a) confirm that you are an Owner or Property Manager and that you own or are authorized to manage and rent the property(*s) in your name. In addition and without exception, you are also authorized to transact bookings, including financial exchange of monies from bookings derived from listing sites. 

b) that by signing this contract and using the Properly Ask a Proper Host  Service, you agree to be bound by these terms (below), which you acknowledge you have read and understood. You also authorize us to collect the Commission Fee via a card payment system or debit payment method from your bank account.

c) If you are not satisfied with our service, we will provide you with a full refund.

Requirements and Terms

Definitions: 

An “Owner” is defined as a controller of a short-term rental property, whether the property is owned or managed, but is fully responsible for both marketing, financial and operational management of the property. 

Software: Any Owner who wishes to have the optional access and to use the free app provided by Properly for the Listing Manager Service for service monitoring purposes will need to abide by the software terms and conditions prior to download found here:

  1. To avoid doubt, Properly never acts as a principal in any way with transactions or services between Guest and Owner. 
  2. Owners acknowledge that any claim made or connected with a dispute with a Guest is the Owner’s responsibility.
  3. Similarly, any claim or dispute that a Guest has is direct with the Owner and not Properly
  4. Properly is not itself a party to any rental transaction, does not act as Merchant of Record, whether as an agent, principal, or otherwise, and has no liability regarding any such financial transaction or otherwise.
  5. Properly does not provide any legal, tax, or accounting advice.
  6. Owners’ Properties will be made publicly available on a Listing Site(s) of the Owners Choice. 
  7. The Owner and not Properly is solely responsible for the rental prices listed on any listing sites. Properly acts in an advisory role only, and the Owner makes the final decision on all pricing. 
  8. The Owner is responsible for compliance with laws (including but not limited to copyright laws), rules, and regulations, including any sales tax and other tax requirements and in respect of any conflict with or breach of the rights of third parties. The booking agreement is between the Owner and the Guest. Properly and its Listing Manager Service is not, and does not become, a party to any contractual relationship with the Guest.
  9. The Owner is solely responsible for ensuring the safety of guests while at the property. This includes contracting, keeping in force, and maintaining the appropriate property and public liability insurance,  providing and servicing appropriate fire fighting, Carbon Dioxide, and Carbon Monoxide detection equipment, and maintaining the property’s structural integrity together with electrical and gas safety testing and certification requirements, and compliance with all safety and other legal and contractual requirements related to renting a property short-term.
  10. To ensure that all inquiries made through any listing site are subsequently booked and paid (full payments, balances, and deposits) through the Listing site and not booked “offsite” or through any other media. If inquiries originating on the Listing Site result in the Advertiser attempting to navigate the system and redirect the Guest to the owner’s own or a third-party website or payment system, Properly will terminate the listing and management services immediately.
  11. Any advice, suggestions, or recommendations (whether written or oral) or work that we, our affiliates or partners provide or carry out for you is done without warranty, and all final decisions regarding the running of your business and property rest with you alone; Properly’s liability is limited to the reimbursement of the Commission Fee that we have actually collected in the previous 12 months. Properly can not be held responsible or in breach for any delay or noncompliance resulting from a case of force majeure, pandemics, or Govt/local authority instructions to close destinations or properties.
  12. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, Properly will use reasonable endeavors to post and obtain your consent to those material modifications publicly. Immaterial modifications are effective upon publication. If you do not agree with any modification of these Terms, your only remedy is to terminate these Terms, which you may do at your sole discretion as outlined in Section 21. Disputes arising under these Terms will be resolved per the version of these Terms that was in effect when the dispute arose.
  13. Termination, Discontinuation, and Modification of the Service.You may terminate these Terms by (i) contacting customer service at support@getproperly.com 
  14. Nature of Relationship. The relationship between you and Properly is that of independent contractors. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding upon the other, except as provided for herein or authorized in writing by the party to be bound. Properly does not employ or pay, or any Service Providers, nor does Properly serve as a hiring or contracting agency for Service Providers. If an Owner chooses to hire a Service Provider, that business relationship is entirely between the Owner and the Service Provider. Properly merely provides certain online features and functionality (such as visual checklists) as part of its software/app Listing Manager Service offered to both Owners and Service Providers. If you are a Service Provider with authority to operate Owner(s) Property(s), you expressly acknowledge that you are not an employee of Properly and that you are not entitled to any benefits of employment with Properly, including but not limited to unemployment benefits. You expressly acknowledge that you are responsible for filing and paying your taxes.
  15. Governing Law. These Terms are governed by the laws of the following jurisdictions, in each case, notwithstanding the conflict of law principles of such jurisdictions: 23.1 New South Wales, Australia, if you are accessing and using the Listing Manager Service primarily in Australia; 23.2 the State of Delaware in the United States of America, if you are accessing and using the Listing Manager Service primarily in the United States of America; and 23.3 New Zealand, if you are accessing and using the Listing Manager Service primarily in any jurisdiction other than Australia or the United States of America. 23.4 If a lawsuit or court proceeding is permitted under these Terms, then you and Properly agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales, Australia, San Francisco, California, or New Zealand (respectively) as the exclusive forum for the resolution of such lawsuit or court proceeding. We operate the Listing Manager Service from our offices in California. We make no representation that Materials included in the Listing Manager Service are appropriate or available for use in other locations outside California
  16. General. Together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, these Terms are the entire and exclusive understanding and agreement between you and Properly regarding your use of the Listing Manager Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Suppose any part of these Terms is held to be invalid or unenforceable. In that case, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The English language version of these Terms is the official and controlling version, and any translation provided is solely for convenience.
  17. Dispute Resolution and Arbitration: Generally. In the interest of resolving disputes between you and Properly in the most expedient and cost-effective manner, you and Properly agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court, and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PROPERLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  18. Exception: Despite the provisions of Section 25, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  19. Notice and good faith resolution: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by an internationally recognized courier service, in each case with all postage and delivery fees paid and a delivery confirmation required, or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Properly’s the address for Notice is: Properly, Inc., 5214F Diamond Heights Blvd #356, San Francisco, CA 94131-2175, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly. Still, if the parties do not agree to do so within 30 days after the Notice is received, you or Properly may commence an arbitration proceeding
  20. Process. Where a party seeks to commence an arbitration proceeding under Section 25: and the Listing Manager Service is a) provided in Australia: it will be resolved by arbitration under the dispute shall be resolved under the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the ACICA. A duly qualified legal practitioner may represent both parties during such arbitration. b) If the Listing Manager Service is provided in the United States of America: it will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Properly; and c) If the Listing Manager Service is provided elsewhere in the World (including New Zealand): it will be resolved by arbitration under the Arbitration Act 1996 (New Zealand). If the parties cannot agree on the appointment of an arbitrator, one shall be appointed by the President of the New Zealand Law Society. A duly qualified legal practitioner may represent both parties during such arbitration. A party to arbitration under this Agreement may appeal to the High Court on any question of law arising out of an award. Any matter relating to the construction of this Agreement shall be considered a question of law.
  21. No Class Actions. YOU AND PROPERLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and Properly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any representative or class proceeding.
  22. Consent to Electronic Communications: By using the Listing Manager Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  23. Privacy Policy. Please read Properly’s Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into and made a part of these Terms.