Terms of Service Agreement for Maintained Group Pty Ltd

Introduction

Thank you for choosing ServiGo.

ServiGo is a business automation and CRM platform (https://www.servigo.app) owned and operated by Maintained Group Pty Ltd (referred to as “ServiGo” or “the Website”). All references to ServiGo or the Website throughout this Agreement include all related applications, dashboards, or platforms.

This Terms of Service Agreement (“Terms”, “Terms of Service” or “Agreement”), together with any Subscription Documentation, constitutes a legally binding agreement between you (the “Client”) and Maintained Group Pty Ltd (“ServiGo”, “we” or “us”) for the provision of CRM, automation, lead management, communication, and marketing services, as set out in your Subscription Documentation (the “Services”).

By using or accessing the Services, or by clicking “I Agree”, you accept these Terms. If you are using the Services on behalf of a company or other entity, you are binding that entity as well as yourself personally. You represent and warrant that you have the legal authority to enter this Agreement.

Please read this Agreement carefully before using ServiGo. You must comply with these Terms at all times and not engage in any conduct that, in our reasonable opinion, obstructs the provision of Services. You may negotiate changes to these Terms prior to acceptance.

Our Services

Scope of Services
Subject to payment of Fees and compliance with these Terms, we will provide you with the Services described in your Subscription Documentation, as well as any additional services agreed in writing. “Subscription Documentation” means any documentation that sets out the specific terms of your subscription, including Services provided and Fees payable.

No Guarantee
We aim to deliver high-quality Services but do not guarantee specific outcomes such as increased revenue, profitability, or results.

Interruptions
You acknowledge that temporary interruptions may occur due to maintenance, third-party providers, or network issues. Our Services are provided “as is”, and we accept no liability for downtime, data delays, or service disruptions.

Service Modifications
We reserve the right to enhance, update, or modify our Services at any time.

Future Features
Your subscription is not conditional on the delivery of future features or updates, regardless of public statements or marketing material.

Fees

Onboarding Fee
You agree to pay a one-time, non-refundable onboarding fee, as set out in your Subscription Documentation.

Subscription Fees
Subscription Fees are payable monthly or annually in advance (as per your Subscription Documentation). Payment is processed automatically via our nominated payment processor unless cancelled in accordance with these Terms.

Failed Payments
If payments fail twice, we may suspend your account. We reserve the right to charge additional administration or failed payment fees.

Invoices & Overdue Accounts
Unpaid invoices may attract interest (2% above the RBA cash rate) and debt recovery costs. We may report unpaid debts to credit reporting agencies.

Fee Adjustments
We may adjust pricing by providing at least 14 days’ written notice. Continued use of the Services after a fee adjustment constitutes acceptance.

GST & Currency
All amounts are in Australian dollars and exclusive of GST unless otherwise stated.

Communication Usage Charges

Certain features (e.g. SMS, email, AI-powered messaging, call handling) are billed on a usage basis. These will be charged monthly in arrears, in accordance with your Subscription Documentation.

You are responsible for monitoring usage, as excessive use may incur additional fees.

Subscription Term & Cancellation

Month-to-Month Subscriptions
Subscriptions automatically renew monthly. You may cancel by providing 14 days’ written notice to [email protected].

Annual Subscriptions
Annual subscriptions automatically renew unless cancelled with at least 14 days’ notice prior to renewal.

Termination by ServiGo
We may suspend or terminate your access immediately for non-payment, breach of these Terms, or misuse of the Services. Fees paid are non-refundable.

Use of Services

You agree to:

- Use ServiGo in accordance with applicable laws.

- Provide accurate information when using or posting via the platform.

- Not misuse the Services, including by posting unlawful, offensive, misleading, or infringing material.

- Not attempt to copy, reverse engineer, scrape, or exploit the ServiGo platform.

We may remove material we consider inappropriate or harmful.

Privacy & Data

Your use of the Services is also subject to our Privacy Policy, available at https://www.servigo.app/privacy-policy. By using ServiGo, you consent to our collection, storage, and use of personal data in accordance with that Policy.

You are responsible for ensuring that your use of ServiGo complies with the Privacy Act 1988 (Cth) and any other applicable laws.

Warranties, Liability & Indemnity

No Warranties
To the maximum extent permitted by law, we exclude all implied warranties, including merchantability, fitness for purpose, and non-infringement.

Limitation of Liability
Our maximum liability to you for any claim is limited to either:

- Resupplying the Services, or

- The Fees paid by you in the 1 month preceding the incident giving rise to liability.

Indemnity
You indemnify Maintained Group Pty Ltd, its officers and staff against all losses, claims, or liabilities arising from your use of the Services, breach of this Agreement, or negligent or unlawful conduct.

Intellectual Property

All intellectual property in ServiGo, its software, content, and branding remains ours or our licensors’. You are granted a limited, non-exclusive licence to use the Services for your business during your subscription.

You may not copy, resell, or redistribute ServiGo content or technology without our prior written consent.

Support

Standard ServiGo users may access email support during business hours (9am–5pm AEST, Monday–Friday).

Premium ServiGo users may be provided with priority phone support.

General

Notices: Notices may be sent by email to your registered account email.

Waiver: Failure to enforce any right is not a waiver of that right.

Entire Agreement: This Agreement supersedes prior agreements.

Severability: Invalid provisions are severed, and the remainder continues in force.

Assignment: You may not assign rights under this Agreement without our written consent.

Force Majeure: Neither party is liable for events outside their control.

Disputes: Disputes will be referred to mediation before litigation, under Australian Disputes Centre guidelines.

Governing Law: This Agreement is governed by the laws of Queensland, Australia. Parties submit to the courts of Queensland.

Amendments: We may update these Terms at any time. Continued use of the Services constitutes acceptance.