Ace Agent Awards
Are You Ready to Ace it?
The Ace Agent Awards celebrate the very best letting agents using Maintenance Desk™!
Is your agency revolutionising property maintenance? Do your staff enjoy a seamless, automated workflow, and do your clients rave about the efficient resolution of maintenance issues?
These prestigious awards are based on a thorough analysis of the past year’s Maintenance Desk™ data. This means no subjective judging, just pure data-driven merit to recognise letting agents who have achieved exceptional results through:
Is your agency revolutionising property maintenance? Do your staff enjoy a seamless, automated workflow, and do your clients rave about the efficient resolution of maintenance issues?
These prestigious awards are based on a thorough analysis of the past year’s Maintenance Desk™ data. This means no subjective judging, just pure data-driven merit to recognise letting agents who have achieved exceptional results through:
- Streamlined Maintenance Processes: Showcase how Maintenance Desk™ has boosted your team’s efficiency and reduced workloads.
- Improved Client Satisfaction: Highlight how your agency has delivered exceptional service, minimised tenant disruption, protected your client’s assets and increased yields with efficient maintenance solutions.
- Enhanced Landlord Relationships: Demonstrate how Maintenance Desk™ has strengthened your relationships and reputation with landlords.
Gain Industry Recognition and Attract Clients
Winning an Ace Agent Award isn’t just about bragging rights. It’s a powerful marketing tool that demonstrates your agency’s commitment to innovation, efficiency, and exceptional client service.
- Attract top talent who want to work with cutting-edge technology.
- Impress potential clients with a proven track record of excellence.
- Elevate your agency’s reputation as an industry leader.
This privacy policy explains how we treat your ‘Personally Identifiable Information’, as this Application may collect some Personal Data. The Data Controller & Owner is
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: name, occupation, phone number, address, email address, Cookies and Usage Data.
Other Personal Data collected may be described in other sections of this Privacy Policy or by dedicated explanation text contextually with the data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention Time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the Collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Contacting the User, Analytics, Content performance and features testing (A/B testing) and Managing contacts and sending messages.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed Information on the Processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
1. Analytics:
The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy – Opt Out
1. Content Performance and Features Testing (A/B testing):
The services contained in this section allow the Owner to track and analyse the User response concerning web traffic or behaviour regarding changes to the structure, text or any other component of this Application.
Google Website Optimizer (Google Inc.)
Google Website Optimizer is an A/B testing service provided by Google Inc.
Google may use Personal Data to contextualise and personalise the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy
1. Contacting The User:
Contact Forms (This Application)
By filling in the forms: “Contact Us”, “Register” and “GET YOUR INFO” with their Data, the User authorises this Application to use these details to reply to requests for information, quotes, referrals, invitations or any other kind of request as indicated by the form’s header.
Personal Data collected: name, occupation, email address and phone number.
1. Managing Contacts and Sending Messages
This type of services makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
MailChimp (The Rocket Science Group, LLC.)
MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.
Personal Data collected: email address.
Place of processing: US – Privacy Policy
Additional Information About Data Collection and Processing
Legal Action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional Information About User’s Personal Data
In addition to the information contained in this Privacy Policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not Contained in this Policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The Rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honour the “Do Not Track” requests, please read their privacy policies.
Changes to this Privacy Policy
The Data Controller reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current Privacy Policy applies to all Personal Data the Data Controller has about Users.
Definitions and Legal References
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilised by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilised to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilised by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User
The individual using this Application, which must coincide with or be authorised by the Data Subject, to whom the Personal Data refers.
Data Subject
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural person, legal person, public administration or any other body, association or organisation authorised by the Data Controller to process the Personal Data in compliance with this Privacy Policy.
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organisation with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application
The hardware or software tool by which the Personal Data of the User is collected.
Cookies
Small piece of data stored in the User’s device.
Legal information
Notice to European Users: this privacy statement has been prepared in fulfilment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
This Privacy Policy relates solely to this Application
Last Edited on 29/06/2023
Maintenance Desk Ltd.
142 Cromwell Road
Kensington
London
SW7 4EF
142 Cromwell Road
Kensington
London
SW7 4EF
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: name, occupation, phone number, address, email address, Cookies and Usage Data.
Other Personal Data collected may be described in other sections of this Privacy Policy or by dedicated explanation text contextually with the data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention Time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the Collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Contacting the User, Analytics, Content performance and features testing (A/B testing) and Managing contacts and sending messages.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed Information on the Processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
1. Analytics:
The services contained in this section enable the Owner to monitor and analyse web traffic and can be used to keep track of User behaviour.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy – Opt Out
1. Content Performance and Features Testing (A/B testing):
The services contained in this section allow the Owner to track and analyse the User response concerning web traffic or behaviour regarding changes to the structure, text or any other component of this Application.
Google Website Optimizer (Google Inc.)
Google Website Optimizer is an A/B testing service provided by Google Inc.
Google may use Personal Data to contextualise and personalise the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy
1. Contacting The User:
Contact Forms (This Application)
By filling in the forms: “Contact Us”, “Register” and “GET YOUR INFO” with their Data, the User authorises this Application to use these details to reply to requests for information, quotes, referrals, invitations or any other kind of request as indicated by the form’s header.
Personal Data collected: name, occupation, email address and phone number.
1. Managing Contacts and Sending Messages
This type of services makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
MailChimp (The Rocket Science Group, LLC.)
MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.
Personal Data collected: email address.
Place of processing: US – Privacy Policy
Additional Information About Data Collection and Processing
Legal Action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional Information About User’s Personal Data
In addition to the information contained in this Privacy Policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not Contained in this Policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The Rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honour the “Do Not Track” requests, please read their privacy policies.
Changes to this Privacy Policy
The Data Controller reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current Privacy Policy applies to all Personal Data the Data Controller has about Users.
Definitions and Legal References
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilised by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilised to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilised by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User
The individual using this Application, which must coincide with or be authorised by the Data Subject, to whom the Personal Data refers.
Data Subject
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural person, legal person, public administration or any other body, association or organisation authorised by the Data Controller to process the Personal Data in compliance with this Privacy Policy.
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organisation with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application
The hardware or software tool by which the Personal Data of the User is collected.
Cookies
Small piece of data stored in the User’s device.
Legal information
Notice to European Users: this privacy statement has been prepared in fulfilment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
This Privacy Policy relates solely to this Application
Last Edited on 29/06/2023
These terms of service, which we refer to as the “Agreement” form a contract between you and us:
This Agreement will govern your use of our websites, applications, services and all other aspects of your commercial relationship with us, so please read it carefully. By using our websites, applications and services, you agree to each of the terms and conditions below.
OUR SERVICES
In exchange for the payments associated with the Licence you’ve selected, we will make our services (the “Services”) available to you in accordance with this Agreement and the Licence terms, which are attached to the confirmation email you receive following sign-up and each subsequent service purchase or upgrade. You agree to access and use the Services solely for lawful business or professional purposes, and to abide by our policies regarding the use of the Services, and those policies may change from time to time. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without our prior written consent. You acknowledge that particular features of the Services may change from time to time, with or without prior notice. You agree that the software, systems and data through which we deliver the Services are proprietary to Maintenance Desk Ltd. and shall in all events remain the exclusive property of Maintenance Desk Ltd.
After sign-up, you’ll receive credentials (username and password) with which you can access the Services and/or various features associated with the Services (your “Credentials”). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorised disclosure or use, and you authorise us to provide access to the Services to any person who presents your Credentials. We may offer integrations with various other products and services, some of which require separate credentials to access. In the event you provide your credentials to any other product or service to us, you authorise us to use those credentials, and to access and use the account(s) with which they are associated and any data contained therein, for any purpose reasonably related to our provision of the Services.
In order to deliver the Services, we need your permission to perform various tasks with the calls and messages that we handle on your behalf. Accordingly, you agree that we may (i) patch calls from third parties to you to the telephone number(s) that you provide to us for those purposes; (ii) create and maintain written records of messages from third parties to you that we take on your behalf; (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and/or telephone number(s) that you provide to us for those purposes; (iv) collect, store, and use for business purposes whatever personal or business information you provide to us in connection with the Services; (v) listen to and record your voice while using or interacting with the Services; (vi) contact you using the email address(es), telephone number(s), and whatever other contact information you provide to us; and (vii) take all other steps that are reasonably necessary in order for us to deliver the Services. You agree to inform us immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, we will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes.
You further agree to obtain and acknowledge that you are solely responsible for obtaining each of the permissions described above from your employees, agents, tenants and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain and acknowledge that you are solely responsible for obtaining each of the permissions described above from third parties who use or may use the Services to communicate with you.
BILLING AND PAYMENT
You will incur the monthly charge(s) associated with the Licence you’ve selected for each whole or partial month during which this Agreement remains in effect, including charges for additional services, authorised works, applicable taxes or other payments required by law, which you authorise us to collect from you.
You agree to pay us the full amount of each invoice you receive by the due date listed on the invoice. You authorise us to send your invoices to the primary email address you provided during sign-up and to inform us immediately and in writing of any change to that email address or your other billing information. If you have provided us with your credit card information or enabled any other automatic payment method you authorise us to charge the amount of each of your invoices to your credit card or via such other automatic payment method immediately upon each invoice’s issuance. You further authorise us to charge your credit card or such other automatic payment method immediately in the event that you purchase any authorised works, product, service, upgrade, integration or request any other chargeable item. You agree to inform us immediately of any change in your credit card or other payment information, which shall be in writing. You guarantee and warrant that you are the legal owner of such credit card or the account associated with your automatic payment method and that you are legally authorised to accept charges from Maintenance Desk Ltd.
TERM AND TERMINATION
This Agreement will continue on a month-to-month basis until you or we terminate it in accordance with this paragraph. This Agreement will be in effect for a minimum period of 30 calendar days. Following that period, either you or we may terminate this Agreement at any time, for any or no reason, upon written notice to the other party. We may terminate this Agreement at any time if, in our sole discretion, we determine that you have violated any provision of this Agreement or our policies regarding the use of the Services, and those policies may change from time to time, specifically the “Fair Use Policy”.
FAIR USE POLICY
After the first 30 calendar days, the free licence is granted on a month-by-month basis, in good faith and access to the services under that licence is offered free of charge, provided that at least one invoice for an authorised maintenance job or other service has been issued and settled during the previous 30 days.
Notwithstanding any of the foregoing, the parties expressly acknowledge that the provisions of the following sections (“DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION” and “MISCELLANEOUS”) will survive the termination of this Agreement, and that the termination of this Agreement will not be deemed to extinguish, or construed as a waiver of our right to enforce any obligation that arose during the term of this Agreement.
DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, MAINTENANCE DESK LTD. FURNISHES THE SERVICES “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but without limiting the foregoing, we do not warrant that we will have sufficient resources to handle unexpected increases in call and message volumes, that the Services will be error-free, or that the Services will operate without delays or interruptions; we expressly disclaim any and all warranties to that effect.
OUR ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU IN FULL OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Maintenance Desk Ltd. from and against any and all claims, losses, demands, liabilities, costs, and expenses suffered or incurred by us as a result of, or in connection with, any third party claim or cause of action against us (including, but not limited to, all legal fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part, by any wrongful act or omission by you, your employee(s), tenant(s) or your other agent(s), including, without limitation, any breach of this Agreement.
MISCELLANEOUS
This Agreement supersedes all previous agreements between you and Maintenance Desk Ltd., in whatever form, and (except for terms describing additional charges, authorised works charges, and monthly charges associated with the Licence you’ve selected) constitutes the full, final, and entire agreement between you and us regarding this Agreement’s subject matter. You acknowledge and agree that all promises, representations, statements, and other information that wholly or partly induced you to enter into this Agreement are contained expressly herein. In delivering the Services, we shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and us or any of our employees, sub-contractors or other agents.
This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law. You further agree (i) that you will not assert any class, collective, or representative action claims against us, whether in arbitration or otherwise, which actions are hereby waived, and (ii) that, in the event of a dispute, you shall submit only your own, individual claim(s) and will not seek to represent the interests of any other person or entity.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party’s right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only if written and signed or otherwise approved by us. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. We may assign this Agreement without prior notice. You acknowledge and agree that the rights and obligations imposed by this Agreement are unique and personal to you and that you may not assign this Agreement without our written consent.
Managing Director
Maintenance Desk Ltd.
142 Cromwell Road
Kensington
London
SW7 4EF
Maintenance Desk Ltd.
142 Cromwell Road
Kensington
London
SW7 4EF
This Agreement will govern your use of our websites, applications, services and all other aspects of your commercial relationship with us, so please read it carefully. By using our websites, applications and services, you agree to each of the terms and conditions below.
OUR SERVICES
In exchange for the payments associated with the Licence you’ve selected, we will make our services (the “Services”) available to you in accordance with this Agreement and the Licence terms, which are attached to the confirmation email you receive following sign-up and each subsequent service purchase or upgrade. You agree to access and use the Services solely for lawful business or professional purposes, and to abide by our policies regarding the use of the Services, and those policies may change from time to time. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without our prior written consent. You acknowledge that particular features of the Services may change from time to time, with or without prior notice. You agree that the software, systems and data through which we deliver the Services are proprietary to Maintenance Desk Ltd. and shall in all events remain the exclusive property of Maintenance Desk Ltd.
After sign-up, you’ll receive credentials (username and password) with which you can access the Services and/or various features associated with the Services (your “Credentials”). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorised disclosure or use, and you authorise us to provide access to the Services to any person who presents your Credentials. We may offer integrations with various other products and services, some of which require separate credentials to access. In the event you provide your credentials to any other product or service to us, you authorise us to use those credentials, and to access and use the account(s) with which they are associated and any data contained therein, for any purpose reasonably related to our provision of the Services.
In order to deliver the Services, we need your permission to perform various tasks with the calls and messages that we handle on your behalf. Accordingly, you agree that we may (i) patch calls from third parties to you to the telephone number(s) that you provide to us for those purposes; (ii) create and maintain written records of messages from third parties to you that we take on your behalf; (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and/or telephone number(s) that you provide to us for those purposes; (iv) collect, store, and use for business purposes whatever personal or business information you provide to us in connection with the Services; (v) listen to and record your voice while using or interacting with the Services; (vi) contact you using the email address(es), telephone number(s), and whatever other contact information you provide to us; and (vii) take all other steps that are reasonably necessary in order for us to deliver the Services. You agree to inform us immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, we will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes.
You further agree to obtain and acknowledge that you are solely responsible for obtaining each of the permissions described above from your employees, agents, tenants and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain and acknowledge that you are solely responsible for obtaining each of the permissions described above from third parties who use or may use the Services to communicate with you.
BILLING AND PAYMENT
You will incur the monthly charge(s) associated with the Licence you’ve selected for each whole or partial month during which this Agreement remains in effect, including charges for additional services, authorised works, applicable taxes or other payments required by law, which you authorise us to collect from you.
You agree to pay us the full amount of each invoice you receive by the due date listed on the invoice. You authorise us to send your invoices to the primary email address you provided during sign-up and to inform us immediately and in writing of any change to that email address or your other billing information. If you have provided us with your credit card information or enabled any other automatic payment method you authorise us to charge the amount of each of your invoices to your credit card or via such other automatic payment method immediately upon each invoice’s issuance. You further authorise us to charge your credit card or such other automatic payment method immediately in the event that you purchase any authorised works, product, service, upgrade, integration or request any other chargeable item. You agree to inform us immediately of any change in your credit card or other payment information, which shall be in writing. You guarantee and warrant that you are the legal owner of such credit card or the account associated with your automatic payment method and that you are legally authorised to accept charges from Maintenance Desk Ltd.
TERM AND TERMINATION
This Agreement will continue on a month-to-month basis until you or we terminate it in accordance with this paragraph. This Agreement will be in effect for a minimum period of 30 calendar days. Following that period, either you or we may terminate this Agreement at any time, for any or no reason, upon written notice to the other party. We may terminate this Agreement at any time if, in our sole discretion, we determine that you have violated any provision of this Agreement or our policies regarding the use of the Services, and those policies may change from time to time, specifically the “Fair Use Policy”.
FAIR USE POLICY
After the first 30 calendar days, the free licence is granted on a month-by-month basis, in good faith and access to the services under that licence is offered free of charge, provided that at least one invoice for an authorised maintenance job or other service has been issued and settled during the previous 30 days.
Notwithstanding any of the foregoing, the parties expressly acknowledge that the provisions of the following sections (“DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION” and “MISCELLANEOUS”) will survive the termination of this Agreement, and that the termination of this Agreement will not be deemed to extinguish, or construed as a waiver of our right to enforce any obligation that arose during the term of this Agreement.
DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, MAINTENANCE DESK LTD. FURNISHES THE SERVICES “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but without limiting the foregoing, we do not warrant that we will have sufficient resources to handle unexpected increases in call and message volumes, that the Services will be error-free, or that the Services will operate without delays or interruptions; we expressly disclaim any and all warranties to that effect.
OUR ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU IN FULL OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Maintenance Desk Ltd. from and against any and all claims, losses, demands, liabilities, costs, and expenses suffered or incurred by us as a result of, or in connection with, any third party claim or cause of action against us (including, but not limited to, all legal fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part, by any wrongful act or omission by you, your employee(s), tenant(s) or your other agent(s), including, without limitation, any breach of this Agreement.
MISCELLANEOUS
This Agreement supersedes all previous agreements between you and Maintenance Desk Ltd., in whatever form, and (except for terms describing additional charges, authorised works charges, and monthly charges associated with the Licence you’ve selected) constitutes the full, final, and entire agreement between you and us regarding this Agreement’s subject matter. You acknowledge and agree that all promises, representations, statements, and other information that wholly or partly induced you to enter into this Agreement are contained expressly herein. In delivering the Services, we shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and us or any of our employees, sub-contractors or other agents.
This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law. You further agree (i) that you will not assert any class, collective, or representative action claims against us, whether in arbitration or otherwise, which actions are hereby waived, and (ii) that, in the event of a dispute, you shall submit only your own, individual claim(s) and will not seek to represent the interests of any other person or entity.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party’s right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only if written and signed or otherwise approved by us. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. We may assign this Agreement without prior notice. You acknowledge and agree that the rights and obligations imposed by this Agreement are unique and personal to you and that you may not assign this Agreement without our written consent.
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