Terms of Service

1. About these terms

These terms are an agreement between AVA HIGH TECH LTD, trading as ServeNest ("we", "us"), a company registered in England and Wales (company number 14928251), and the business that signs up to use ServeNest ("you").

By creating an account or using ServeNest, you accept these terms for your business and confirm you're allowed to do so. If we've agreed a quote with you in writing, it is part of this agreement, and where it differs from these terms, the quote applies.

ServeNest is for businesses. Your customers order from you, under your own terms on your ordering site, not under these.

2. What ServeNest is

ServeNest is software: your ordering website, table bookings, the dashboard you run them from and the tools around them (the "Platform").

We are not a restaurant, food business, delivery company or payment provider. We don't prepare, sell, check or deliver any food or drink, and we're not a party to any sale between you and your customers.

3. Your account and staff

• We check new accounts before a shop goes live.
• Keep your sign-in details safe, and give each member of staff their own account. You're responsible for what is done through your account and your staff's accounts. Tell us straight away if you think someone has got in without permission.
• Don't use ServeNest for anything unlawful, to send spam, or to upload harmful code or content. Don't try to get round its security, test it for weaknesses without our written permission, or let another business use your account.

4. Running your food business

You're responsible for:

• food safety, hygiene, licences, insurance and tax;
• your menus, prices, descriptions, photos and allergen information being accurate and lawful. ServeNest gives you the tools to show allergens; you decide what they say;
• accepting, preparing, delivering, cancelling and refunding orders, and dealing with your customers' complaints;
• your own terms and privacy information for your customers, and getting their consent before sending them marketing.

We aren't responsible for fines, claims or complaints that arise from your food or the way you run your business.

5. Your customers' orders and payments

• Every order and booking is between you and your customer.
• Card payments go through your own Stripe account, under Stripe's terms. Stripe pays you on your payout schedule and charges its card fees. We never hold your money and take no commission.
• Refunds, chargebacks, disputes and cash payments are between you and your customer (and Stripe, for card payments). We may help pass on messages, but we don't have to.
• Delivery and collection times shown to customers are estimates, based on your settings.

6. Plans, prices and payment

• The price is per location, paid monthly or yearly, as shown on our website or in your quote. There's no setup fee and no commission. We aren't VAT-registered, so no VAT is added.
• If your plan starts with a free trial, it becomes a paid plan when the trial ends unless you cancel before then.
• You pay in advance, by card, in pounds. Your invoices are in your dashboard under Manage, then Billing.
• If a payment fails, Stripe tries again and your shop stays open while it does. If the payment can't be collected, your shop winds down as described under Cancelling.
• If we change the price, we'll email the account owner at least 30 days beforehand. The new price starts from your next renewal after that, and you can cancel before then if you don't want it.

7. Cancelling

• You can cancel any time in your dashboard, under Manage, then Billing, with no penalty. Your plan runs to the end of the month or year you've paid for. We don't refund part of a period you've started, except as described under Availability and changes to ServeNest.
• When your paid period ends, your shop stops taking new orders and bookings, and you and your staff have 7 days to finish the open ones. Then your shop goes offline.
• We keep your menus, settings and order history for 6 months after that, so you can come back, and then delete them. Ask us if you'd like a copy, or for them to be deleted sooner. Billing records we must keep for tax are kept as our Privacy Policy describes.

8. Your data and content

• You own your data and content: your menus, photos, prices, customer details and order history.
• You let us store, copy and display it only as needed to run the Platform for you, for example to show your menu on your ordering site.
• You confirm you have the rights to what you upload, such as photos and logos. We may remove content that is unlawful, breaks these terms or puts others at risk, and we'll tell you if we do.

9. Data protection

Our Privacy Policy explains how we use personal data where we decide how it is used, such as your account and billing details.

Data we handle for you

When your customers order from you, book a table or create an account on your ordering site, and when you add staff, you are the controller of that personal data and we are your processor under the UK GDPR. This section is our data processing agreement with you (Article 28 UK GDPR).

• What and why: we host and process the data so the Platform can take and run your orders, bookings, payments, customer accounts, loyalty, alerts and emails, for as long as you use the Platform and until it is deleted as set out below.
• Whose data: your customers, guests and staff.
• What data: names, contact details, delivery addresses, orders, bookings, payment records (not card details, which Stripe holds), loyalty points, marketing preferences, sign-in details, notes customers add, and allergy notes, which are health data.

We will:

• process the data only on your documented instructions, which are these terms and the way you set up and use the Platform, unless the law requires otherwise, in which case we will tell you first unless the law forbids it;
• make sure everyone who handles it for us is bound to keep it confidential;
• only sign in to your admin, as "ServeNest Support", to help when you ask or to fix a problem with your account. Each visit is recorded, the account shows on your Staff page with when it last signed in, and anything we change there is shown as done by ServeNest Support;
• keep it secure with appropriate technical and organisational measures;
• use only the sub-processors listed in our Privacy Policy, under written terms that protect the data in the same way. You authorise them by using the Platform. We will update that list and email account owners before adding or replacing one, and you may object. If we can't resolve your objection, you may end your subscription;
• move the data outside the UK only with the safeguards described in our Privacy Policy;
• help you respond to people exercising their data protection rights, and pass on any request we receive about your data;
• tell you without undue delay after we become aware of a personal data breach affecting your data, and help you meet your own obligations, including breach reports and impact assessments;
• when your account closes, delete the data within 6 months, unless the law requires us to keep it. You can ask us for a copy before it closes;
• give you the information you reasonably need to show that these obligations are met, and allow audits or inspections by you or an auditor you appoint, on reasonable notice.

You are responsible for having a lawful basis for the data you collect, telling your customers and staff how you use it (your ordering site has a privacy page for this), getting consent where the law requires it, for example before sending marketing, and answering requests about their data.

10. Availability and changes to ServeNest

• We work to keep ServeNest running and secure, but we can't promise it will never be interrupted or free of errors.
• Where we can, we'll tell you about planned maintenance in advance and do it outside busy trading hours.
• We improve ServeNest regularly and may change how features work. If we remove a feature that is a main part of what you pay for, we'll give you at least 30 days' notice, and you can cancel and get back what you've paid for the unused part of your plan.
• If we decide to stop providing ServeNest, we'll give you at least 30 days' notice by email and refund what you've paid for the time after it stops.

11. Suspending or closing your account

• We may suspend or close your account if you seriously or repeatedly break these terms, use ServeNest unlawfully, or put the Platform, other businesses or the public at risk. Where we reasonably can, we'll tell you first and give you a chance to put it right.
• We may act straight away if the law requires it or to stop a security threat.
• If we close your account because you broke these terms, we don't refund fees you've already paid. What happens to your data is the same as under Cancelling.

12. Services from other companies

• ServeNest relies on other companies' services, such as Stripe for payments, Google for sign-in and spam protection, and Mapbox for address search. The ones that handle personal data are listed in our Privacy Policy.
• Where you use one directly, such as your Stripe account, its own terms apply between you and that company.
• We choose them carefully, but we aren't responsible for their failures that we couldn't reasonably prevent.

13. Our software

• ServeNest's software, design, branding and documentation belong to us or our licensors. While your plan is active, you may use them for your business. This right isn't exclusive and you can't pass it on.
• Don't copy, change, resell or reverse engineer ServeNest, or use it to build a competing product.
• If you send us ideas or feedback, we may use them freely.

14. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow to be limited.
• We aren't liable for indirect or consequential losses, or for loss of profit, revenue, orders, business, goodwill or data.
• Otherwise, our total liability to you under these terms is limited to the fees you paid us in the 12 months before the event that caused the claim.

15. Claims about your business

If someone, such as one of your customers, a regulator or a payment provider, brings a claim against us because of your food, your menus or allergen information, the way you run your business, or your breach of these terms or the law, you'll cover our reasonable losses and costs from it. We'll tell you about the claim promptly and let you help deal with it.

16. Changes to these terms

• We may update these terms, for example when ServeNest or the law changes. The date at the top shows when they last changed.
• For a change that affects you, we'll email the account owner at least 30 days before it takes effect. If you don't agree, you can cancel before then. Smaller changes, such as clarifications or changes the law requires, can take effect when we publish them.
• Using ServeNest after a change takes effect means you accept it.

17. General

• These terms, with any written quote, are the whole agreement between us about ServeNest. Only you and we can enforce them.
• If a court finds part of them unenforceable, the rest still applies.
• We aren't responsible for delays or failures caused by events outside our reasonable control.
• We may transfer this agreement to a company that takes over ServeNest, and we'll tell you if we do. You may transfer it only with our written agreement.
• If we don't enforce a right straight away, we haven't given it up.

18. Law and disputes

These terms are governed by the law of England and Wales, and only the courts of England and Wales can decide disputes about them. If something goes wrong, please contact us first so we can try to put it right.

19. Contact

Email

support@servenest.co.uk

Phone

07918 200334 (Mon–Fri, 9am–6pm UK time)

Post

AVA HIGH TECH LTD, 53 The Old Dairy, Hyde, England, SK14 4XP

We send notices to the account owner's email address.