MyStayOrbit.com - Stay Host Marketing Agreement
Between My Stay System and the Property Host / Operator
My Stay System (MyStayOrbit.com), P.O. Box 104546-00101, Nairobi, Kenya, and ___________________________________, of _________________________________(“Host”) agreement. My Stay System issues this Agreement as the platform and marketing service provider, represented by Benard Mbethe, Manager. This Agreement takes effect immediately when the Host signs and submits acceptance, including electronically through MyStayOrbit.com. No My Stay System countersignature is required.
1 Appointment and services
1.1 The Host appoints My Stay System on a non-exclusive basis to market its short-stay properties, publish approved listings, route enquiries, facilitate Host–Guest communications, support bookings and collect reviews. The Host may use other channels.
1.2 My Stay System is an independent marketing provider and disclosed booking intermediary. It is not the property owner, landlord, accommodation provider or property manager and does not guarantee either party’s conduct. The Host remains the Guest’s accommodation supplier and accepts or rejects bookings. No employment, partnership or joint venture is created.
1.3 My Stay System controls its channels, campaigns, ranking and presentation, but shall not misrepresent the property. No minimum enquiries, bookings, income, occupancy or reach are guaranteed.
2 Listings rates and booking confirmation
2.1 The Host shall provide and promptly update accurate descriptions, photographs, location, amenities, rates, availability, house rules, deposits and cancellation terms. The Host warrants authority to operate the property and permission to use all supplied content.
2.2 The Host grants My Stay System a non-exclusive, worldwide license to reproduce, crop, format, translate, distribute and promote that content solely for these services. My Stay System may use the property name and approved images in current and archival campaign reports and portfolio examples. False reviews, hidden charges, misleading discounts and unlawful restrictions are prohibited.
2.3 The Host sets prices and booking conditions, subject to law and the approved listing; shall maintain accurate availability and an average Guest review score of at least 80%; and shall respond within the agreed maximum time. A booking is confirmed only when the Host accepts it and any required payment condition is met.
2.4 The Host shall honour confirmed prices and material terms. If unable to do so, it shall promptly notify My Stay System and the Guest, refund amounts due and bear reasonable relocation or refund costs caused by its overbooking, closure or avoidable error. Booking alterations or diversions intended to conceal Booking Value or avoid Commission are prohibited.
3 Commission attribution and taxes
3.1 The Host shall pay My Stay System ten per cent (10%) of Booking Value for every attributable Confirmed Booking. Booking Value means accommodation charges payable, excluding refundable security deposits, separately itemized third-party fees and refunded amounts, unless otherwise agreed in writing.
3.2 A booking is attributable where My Stay System first introduced the Guest, transmitted the enquiry, generated the lead or materially facilitated the booking. Attribution continues after the first enquiry. My Stay System Channels include mystaypms.com, My Stay System applications, advertisements, social media, partner channels, telephone, WhatsApp, email and tracking systems.
3.3 Commission is earned when the Guest pays or the Host becomes entitled to retain a non-refundable cancellation or no-show charge. Genuine refunds reduce Commission proportionately. My Stay System may invoice and deduct earned Commission under the agreed payment arrangement.
3.4 Each Party bears its own tax and regulatory obligations. Amounts exclude VAT where chargeable. Overdue Commission may attract simple interest of 2% monthly or the maximum lawful rate, whichever is lower.
4 Guest payments and settlement
4.1 Guests may pay the Host directly or through My Stay System’s appointed licensed payment processor. Under direct payment, the Host issues required receipts and pays Commission to My Stay System within five (5) days of receiving the relevant Guest payment.
4.2 Receipt by the appointed processor satisfies the Guest’s payment obligation to the extent received under the payment arrangement. Earned Commission, authorised refunds, chargebacks and expressly agreed transaction charges may be deducted, with the balance remitted to the Host within the agreed settlement period.
4.3 The processor may reasonably delay settlement for fraud, chargebacks, complaints, sanctions, provider requirements or disputed stays and shall inform the Host unless prohibited by law or security considerations. Refundable security deposits remain the Host’s responsibility. Transaction fees are allocated in the Commercial Particulars.
5 Cancellations refunds and chargebacks
5.1 The cancellation policy accepted for each booking applies and cannot be made harsher after confirmation. Refunds are due under that policy, applicable law, or where accommodation is materially misdescribed, unsafe, unavailable, inaccessible on agreed terms or not provided because of Host fault.
5.2 The Host authorizes My Stay System to instruct the processor to issue an undisputed refund from available funds. The Host shall pay any shortfall within three (3) business days. The Party responsible for a chargeback, fraud loss or refund bears it. Where responsibility is disputed, the Parties shall provide evidence and cooperate; the processor may provisionally withhold the disputed amount.
6 Host operations conduct and verification
6.1 The Host shall keep properties safe, clean, habitable and consistent with their listings; provide clear check-in instructions and a reachable local contact; supply promised utilities and amenities; handle maintenance and emergencies; and treat Guests professionally.
6.2 The Host shall hold all required licenses, permits, registrations, approvals and insurance, and provide reasonable evidence on request. Before this Agreement begins, it shall verify ownership or written authority from the owner to supply accommodation. It shall promptly report material incidents, closures, regulatory action, safety risks, fraud, data breaches and complaints.
6.3 Direct Guest communications must be timely and consistent with booking terms. Unlawful discrimination, harassment, misuse of Guest details, undisclosed payment demands and diversion to avoid Commission are prohibited. House rules must be disclosed before booking and applied reasonably. The Host handles lawful Guest registration and required identity checks.
6.4 My Stay System may request identity, ownership or authority evidence, registrations, photographs, video or physical evidence, conduct quality checks and investigate complaints. Verification does not guarantee performance or transfer Host obligations. “Verified by MyStay” claims require current written approval.
6.5 My Stay System may refuse, pause or remove listings for incomplete or inaccurate information, inadequate quality, average Guest scores below 80%, material complaints, suspected fraud or potential harm to Guests or My Stay System. The Host shall cooperate with checks while respecting Guest privacy and safety.
7 Data confidentiality and platform rights
7.1 Both Parties shall comply with the Kenya Data Protection Act, 2019 and applicable regulations, process data lawfully for legitimate booking, service, safety, compliance and support purposes, restrict access, use appropriate security, limit retention, assist with valid data requests and promptly notify each other of breaches affecting shared data.
7.2 Each is an independent controller for processing it determines. Processing solely on the other’s instructions requires any necessary data-processing addendum. The Host shall not sell Guest data or add Guests to unrelated marketing without a lawful basis and required consent; related-service communications must also be legally permitted.
7.3 Non-public business, pricing, security and Guest information shall remain confidential, except necessary disclosures to personnel or advisers or disclosures required by law. Confidentiality survives termination; personal data and trade secrets remain protected as long as law requires.
7.4 My Stay System owns its brands, software, databases and marketing materials, excluding Host content. The Host may use approved tools and brand assets only for this relationship, shall protect credentials, and shall not scrape, reverse engineer, interfere with or misuse the platform. My Stay System may use aggregated, de-identified analytics without identifying Hosts or Guests except as otherwise permitted.
8 Records warranties and liability
8.1 Each Party shall keep accurate booking, payment, refund and Commission records for at least six years or any longer legal period. My Stay System may have a confidentiality-bound reviewer inspect relevant records no more than twice yearly solely to verify booking and Commission records.
8.2 Each Party warrants authority to contract and shall act lawfully with reasonable care and skill. The Host warrants accurate, non-misleading listings, disclosed mandatory fees and accommodation matching confirmed descriptions. Non-excludable consumer, data-protection and other rights remain unaffected.
8.3 The Host indemnifies My Stay System and its personnel against third-party claims, losses, penalties and reasonable legal costs arising from the property or stay, Host breach, negligence, misconduct, inaccurate content, injury or damage under Host control, missing authority, Host obligations or infringement, except to the extent caused by My Stay System.
8.4 My Stay System indemnifies the Host against third-party infringement claims concerning My Stay-created materials, excluding Host content or instructions, and claims arising from My Stay’s gross negligence, fraud or willful misconduct. The protected Party shall promptly notify the other, permit reasonable control of the defense and cooperate. Settlements admitting liability or imposing non-monetary obligations require its consent.
8.5 Neither Party is liable for indirect, incidental, special or consequential loss, or loss of profit, revenue, opportunity, goodwill or data, except where prohibited by law or an expressly due payment is involved. Subject to clause 8.6, each Party’s aggregate liability arising in any twelve-month period is capped at total Commission paid or payable in that period.
8.6 Limits do not apply to fraud, willful misconduct, negligent death or injury, confidentiality or data-protection breaches, infringement, indemnities, unpaid Commission, refunds or settlements, or liability which cannot lawfully be limited. My Stay is not responsible for failures caused by the Host, Guest, property condition, telecommunications, payment providers or events outside its reasonable control, but shall reasonably support resolution within its services.
9 Term suspension and termination
9.1 The Agreement lasts twelve months and renews annually. Either Party may terminate on thirty (30) days’ written notice. A Party may terminate for material breach not remedied within fourteen (14) days after notice, or immediately for insolvency, fraud, unlawful conduct or serious safety, regulatory, data or reputational risk.
9.2 My Stay System may immediately suspend a property or account while investigating those matters or overdue undisputed sums. Termination does not cancel Confirmed Bookings unless the Guest agrees or safety or law requires it. Accrued payments, refunds, Commission and provisions intended to survive remain effective.
10 Disputes notices and general terms
10.1 Representatives shall attempt good-faith resolution within fourteen days, then mediation in Nairobi with an agreed mediator before court proceedings, except urgent relief, debt collection or protection of confidential information or intellectual property. Kenyan law applies and Kenyan courts have exclusive jurisdiction.
10.2 Notices may be delivered by hand, courier or email. Email is received next business day unless transmission fails. Operational communications may use the platform, email or WhatsApp, but termination, breach and dispute notices must also be emailed.
10.3 Assignment requires prior consent, not unreasonably withheld, except My Stay System may assign with its business or to an affiliate assuming its obligations. The Host remains responsible for subcontracted accommodation services; My Stay System may use marketing, technology, verification, communication and payment providers.
10.4 Events beyond reasonable control excuse affected delay, but not payments already due. The affected Party shall notify the other and mitigate impact. This is the entire agreement on the services; changes require written acceptance by authorised representatives. Invalid terms shall be minimally modified or severed; delay is not waiver. My Stay System issues these terms for acceptance by the Host. The Host may sign electronically through MyStayOrbit.com. The Agreement is confirmed and takes effect immediately when the Host signs and submits acceptance; no signature or countersignature by My Stay System is required. Account verification and listing approval are separate requirements.
Commercial Particulars
Item
Agreed term
Host legal name address and notice email
[INSERT]
My Stay System representative and notice email
Benard Mbethe, Manager; info@mystayorbit.com
Term and commission
12 months, renewable annually; 10% of Booking Value
Maximum response time and local contact
24 hours / other: [INSERT]
Host contact and WhatsApp: [INSERT]
Guest and Commission payments
Direct to Host; Commission direct to My Stay within 5 days
Alternative processor and settlement period, if used: [INSERT]
Transaction fees
Guest bears booking transaction fees; Host bears processor charges / other agreed allocation: [INSERT]
Cancellation policy and security deposit
[INSERT POLICY OR ATTACH]
Deposit amount, deductions and release terms: [INSERT / NONE]
Verified payment and settlement accounts
[INSERT]
Property portfolio and special terms
Property addresses / listing references: [INSERT / ATTACH]
Special terms: [INSERT / NONE]
The Host shall upload complete property details to mystaypms.com, including current photographs, amenities, rates, availability, cancellation policy, house rules, check-in/out times, late-arrival process and access instructions.
Host acceptance
The Host signatory confirms authority to bind the Host and accepts this Agreement and the completed Commercial Particulars. Complete and verify all details and attachments before signing. Submission of the Host signature confirms the Agreement immediately; My Stay System does not need to sign.
My Stay System representative: Benard Mbethe, Manager. Notice email: info@mystayorbit.com. No My Stay System signature is required.
For the Host / Operator — Name / title or ID: _________________________________
Signature: __________________________ Date: ______________________________
Email / WhatsApp: _______________________________________________________
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