This Master Service Agreement ("MSA") sets out the general commercial terms that apply when a business subscribes to Served HQ, alongside the Terms of Service. Where a business has a signed order form, statement of work or enterprise agreement with Served HQ that references this MSA, that document and this page together govern the relationship; where no separate agreement is signed, self-serve use of Served HQ is governed primarily by the Terms of Service and this page for reference.
1. Structure of the agreement
This MSA, the Terms of Service, the Privacy Policy, the Acceptable Use Policy, the Data Processing Agreement, and any order form or plan selected at signup together form the agreement between a business and Served HQ. Where there is a direct conflict, a signed order form takes priority over this MSA, which takes priority over the general Terms of Service.
2. Services
Served HQ provides a software platform for publishing digital service menus and pages, and optional add-ons such as online ordering, reservations, loyalty, QR analytics, marketing tools, customer CRM, custom domains and developer API access, as further described on the product and add-ons pages.
3. Fees and payment
Fees are as shown at signup, in the billing area, or in a signed order form, and are charged in advance on a subscription, add-on or usage basis unless stated otherwise. Late or failed payment may result in feature restriction or suspension as described in the Terms of Service and the Refunds, Disputes and Chargebacks page.
4. Term and termination
- This agreement continues for as long as the business maintains an active subscription.
- Either party may terminate for the other's uncured material breach on reasonable written notice.
- Served HQ may suspend or terminate access for non-payment, fraud, security risk, unlawful activity or breach of the Acceptable Use Policy, as described in the Terms of Service.
- On termination, the business's right to access the platform ends, subject to the data return and deletion terms in the Data Processing Agreement.
5. Customer responsibilities
The business is responsible for its own account security, staff access, published content, pricing, fulfilment, customer communications, and compliance with laws applicable to its own goods, services and sector, as set out in the Terms of Service.
6. Intellectual property
Served HQ and its licensors retain all rights in the platform, software, design and underlying technology. The business retains ownership of its own content, uploaded as described in the Terms of Service, and grants Served HQ the rights needed to host and operate that content as part of the service.
7. Confidentiality
Each party will protect the other's confidential information disclosed under this agreement using at least reasonable care, and will use it only to perform its obligations or exercise its rights under this agreement, except where disclosure is required by law.
8. Warranties and disclaimers
Served HQ will provide the platform with reasonable skill and care. Except as expressly stated, the platform is provided "as is" and Served HQ disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent permitted by law.
9. Indemnification
Each party will indemnify the other against third-party claims arising from that party's breach of this agreement, infringement of intellectual property rights, or unlawful conduct, subject to the limitations of liability in Section 10 and the Terms of Service.
10. Limitation of liability
To the maximum extent permitted by law, and consistent with the liability limits in the Terms of Service, neither party is liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, lost revenue, lost business or lost data, however arising and regardless of the theory of liability. Each party's total aggregate liability under this agreement, whether in contract, tort or otherwise, is limited as set out in the Terms of Service or the applicable signed order form.
11. Risk management
Served HQ takes a risk-based approach to operating the platform, and treats security, business continuity and commercial risk management as an ongoing part of how we run the business, reviewed and adjusted as we grow. Further detail on our security practices is available on the Cyber Liability and Security page. Nothing in this section constitutes a representation as to the existence, scope or amount of any specific insurance arrangement, and liability between the parties is governed exclusively by Section 10 and the Terms of Service. Enterprise customers with specific risk, procurement or due diligence requirements are welcome to raise them with us before entering into an order form.
12. General provisions
This agreement is governed by the laws of England and Wales. Neither party may assign this agreement without the other's consent, except to an affiliate or in connection with a merger, acquisition or sale of substantially all assets. Notices should be sent to the contact details on the Contact page or as stated in a signed order form.