Terms and Conditions
Last Updated: May 12, 2025
Welcome to Birchwood Management's website, (the "Website"). By accessing or using our Website or engaging our services, you agree to be bound by these Terms and Conditions (the "Terms"). Please read them carefully.
1. Services Provided
Birchwood Management provides the following services:
Co-hosting Services: Including guest communication, reservation management, and guest experience optimization for mid-term rentals.
Property Optimization Services: Including online listing optimization, spatial design recommendations, and guest experience optimization for mid-term rentals.
2. User Conduct
By using our Website, you agree to:
Provide accurate and complete information when contacting us or requesting services.
Use the Website for lawful purposes only.
Not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.
Not to interfere with or disrupt the operation of our Website or the servers and networks used to make the Website available.
3. Service Agreements and Fees
Specific details regarding the scope of services, timelines, and fees will be outlined in a separate service agreement or proposal provided to clients. However, the following general fee structures apply:
Co-hosting Services: Our fee for co-hosting services is eighteen percent (18%) of the gross income generated from the property for a period of one (1) year from the commencement of services, as defined in the service agreement.
Property Optimization Services: Our fee for property optimization services is eighteen percent (18%) of the gross income generated from the property after a period of one (1) year from the completion of the optimization services, as defined in the service agreement. This profit share arrangement will be further detailed in the service agreement.
4. Cancellation and No-Show Policy
Consultations and Meetings: Clients must provide at least twenty-four (24) hours' notice for any cancellation or rescheduling of consultations or meetings. Failure to provide such notice will result in a late cancellation fee of fifty United States Dollars ($50 USD). A failure to attend a scheduled consultation or meeting without prior notice (a "no-show") will result in a fee of one hundred United States Dollars ($100 USD).
5. Intellectual Property
Website Content: All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of Birchwood Management or its licensors and is protected by copyright and other intellectual property laws. Users are granted a limited, non-exclusive, and non-transferable license to access and use the Website for its intended purpose only. You may not reproduce, distribute, or otherwise use the content of this Website without our prior written consent.
Client Materials: Any materials, recommendations, or strategies provided to clients as part of our services are confidential and proprietary to Birchwood Management. Clients are granted a non-exclusive license to use these materials solely for the purpose of implementing our services for their property. These materials may not be shared with third parties without our express written consent.
6. Disclaimers and Limitations of Liability
Website Information: While we strive to provide accurate and up-to-date information on our Website, we make no warranties or representations about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Service Outcomes: We will use our best efforts to provide effective co-hosting and property optimization services. However, we cannot guarantee specific financial outcomes or occupancy rates. The success of mid-term rentals is subject to various factors beyond our control, including market conditions, property location, and guest demand.
Limitation of Liability: To the maximum extent permitted by applicable law, Birchwood Management shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your use of the Website or our services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you for the specific services in question.
7. Payment Terms
Unless otherwise specified in a separate service agreement, invoices for our services are due net thirty (30) days from the date of the invoice.
Clients are responsible for the costs of any home improvements, software subscriptions, or other business expenses recommended or required to implement our property optimization strategies, as outlined and agreed upon in the service agreement.
8. Termination of Services
Co-hosting Services: Either party may terminate the co-hosting service agreement with 12 days' written notice, subject to any specific termination clauses outlined in the service agreement. Upon termination, any outstanding fees for services rendered up to the termination date will be due.
Property Optimization Services: Given that our fee structure for property optimization is primarily a profit share after one year, if a client wishes to terminate the engagement before the one-year period has elapsed, Birchwood Management reserves the right to invoice for the reasonable value of the services rendered up to the point of termination, based on an hourly rate or other mutually agreed-upon terms. This will be determined on a case-by-case basis. After the one-year profit-sharing period has commenced, standard termination clauses as outlined in a service agreement will apply.
9. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Estonia. The courts of Estonia shall have exclusive jurisdiction to settle any such dispute or claim.
10. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Email: concierge@apres-living.com