Terms of service

1. Who these terms are between

These terms are between Servanda Ltd, a company registered in England and Wales ("Servanda", "we") and the company that signs up to use Servanda ("you"): usually a residents' management company or a right to manage company that runs its own building. Whoever signs up confirms they are a director of that company, or otherwise authorised to bind it, and that they accept these terms on its behalf.

Servanda is sold to companies for their business. It is not sold to anyone as a consumer.

2. What Servanda is

Servanda is software for running a block of flats or an estate: the safety register and certificates, contractors and works, Section 20 consultations, and the service charge books (budgets, demands, bank statements read and matched, and a year end pack for your accountant).

It is a tool your directors use. It is not a managing agent, and it does not give legal, accounting, tax or surveying advice. The guides on servanda.co.uk are general information for England, not advice on your building.

Your subscription includes support. Ask, in the app, answers automatically from your building's records and the law in England; those answers are produced by software, using the sub-processors listed in the data processing agreement, and can be wrong, so check anything that matters. Our support team, who are RICS and TPI qualified, answer what you send them by email. All of it is guidance to help you run the building, not legal, accounting, tax or surveying advice, and no solicitor-client or surveyor-client relationship is formed. For a dispute, a tribunal or a large project, take your own professional advice.

3. What Servanda never does with money

Servanda never holds, receives, pays or moves money, yours or anybody else's. Service charge money stays in the bank account your company holds on trust for the leaseholders, and only your directors can pay from it. Servanda reads the statements you upload and records what your directors decided.

4. What stays your responsibility

Your company remains responsible for running the building and for everything it sends. In particular:

• checking that each demand, notice and document is right for your lease and your building before you issue it, including the shares, the amounts, the landlord's name and address and the address for notices;
• the information you enter, the documents you upload and the instructions you give contractors;
• consulting under Section 20 where the law requires it, insuring the building, and keeping the safety checks current;
• your company's own accounts, filings at Companies House and any tax.

Servanda checks demands for the things the law requires and refuses to issue one that misses them, and it prints the prescribed summary of tenants' rights and obligations. Those checks help you; they do not move the responsibility to us.

5. Trial, plans and paying

A new building starts with a free trial of 30 days. No card is needed for the trial.

After the trial, Servanda is paid for monthly by card, through Stripe, at the price shown in Billing for the size of your building. Prices are shown before you subscribe. If Servanda becomes registered for VAT, VAT will be added at the current rate and shown on your invoice.

You can cancel at any time in Billing. Cancelling stops the next payment; you keep full use until the end of the month you have paid for. Payments already made are not refunded, except where the law requires it.

We may change our prices by giving you at least 30 days' notice by email. The new price applies from your next payment after the notice ends, and you can cancel before then.

If a payment fails, Servanda keeps working while it is put right. If the trial ends or a subscription stops, you can still sign in and read everything, and export it, but you cannot raise or issue new demands or read new statements until you subscribe.

6. Your account and who can use it

Each person who uses Servanda has their own login. Keep passwords private and tell us at once if you think a login has been misused. You decide who in your company has access, and you are responsible for what is done through your logins.

7. Your data

Everything you put into Servanda is yours. You can export it at any time, and we will give it back to you in a usable form if you ask when you leave.

Where your data includes information about people (leaseholders, residents, directors, contractors), your company is the controller and Servanda processes it for you on the terms of the data processing agreement at servanda.co.uk/dpa, which forms part of these terms.

After your subscription or trial ends, we keep your data for 90 days so you can come back or take a copy, then delete it, except what the law requires us to keep (for example our own billing records).

8. Using Servanda properly

Please do not use Servanda to break the law, to send messages to people who have not been given a reason to expect them, to upload anything you have no right to share, or to try to reach another customer's information or to disrupt the service. We may suspend access that is being used in these ways, and will tell you why.

9. Keeping it running

We work to keep Servanda available, secure and backed up, and we fix faults as quickly as we can, but we cannot promise it will never be interrupted. We may improve and change features; we will not take away a core part of the books (budgets, demands, statements, the year end) without at least 30 days' notice.

Support is by email at sam@servanda.co.uk.

10. Ownership of the software

Servanda and everything in it, apart from your data, belongs to Servanda Ltd. You have the right to use it for your building while these terms apply. Suggestions you send us may be used to improve Servanda without obligation to you.

11. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Otherwise, we are not liable for loss of profit, loss of revenue, loss of goodwill, or any indirect or consequential loss, or for a service charge or other sum that cannot be recovered because of information you entered or a document you issued.

Our total liability to you in any 12 months for everything arising under or in connection with these terms is limited to the fees you paid us in those 12 months, or £100 if that is more.

12. Ending

You can stop at any time by cancelling in Billing, or by emailing us. We can end these terms on 30 days' notice by email, or straight away if you seriously or repeatedly break them, or if your company is wound up. Sections 3, 4, 7, 10 and 11 continue after these terms end.

13. Changes to these terms

We may update these terms. We will email you at least 30 days before a change that affects you in substance; if you do not want it, you can cancel before it takes effect. The version you agreed to, and when, is recorded against your account.

14. The law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.