These Terms of Service govern all Order Forms entered into with Servly Pty Ltd. They cover Salesforce platform licensing, consumption-based services, third-party applications, data obligations and related commercial matters.

Effective: 1 July 2026
Entity: Servly Pty Ltd
ACN: 689 938 654
ABN: 43 689 938 654

Contents

1. Definitions
2. Services
3. Term
4. Fees and Payment
5. Implementation Partner
6. Early Exit
7. Termination
8. Customer Responsibilities
9. Acceptable Use
10. Servly's Responsibilities
11. Price Variation
12. Confidentiality
13. Intellectual Property and Data
14. Privacy
15. Spam Act and Electronic Communications Compliance
16. Security
17. Data Breach Notification
18. Third-Party Platform Dependency
19. Licence Seat Management
20. Warranties and Representations
21. Indemnity
22. Surviving Clauses
23. Reference and Marketing Rights
24. Force Majeure
25. Limitation of Liability
26. Dispute Resolution
27. Third-Party Applications
28. Consumption-Based Services
29. Salesforce Platform Changes
30. Beta and Preview Features
31. Multi-Org and Group Entities
32. Data Residency and Subprocessors
33. Field Service Acceptable Use
34. Licensing Scope and Exclusions
35. Licence Compliance and Audit
36. General

Customer's use of the Salesforce platform is also subject to the Salesforce Main Services Agreement available at salesforce.com/company/legal/agreements.

1. Definitions

1.1

In these Terms, and in any Order Form that incorporates them, the following definitions apply:

Agreement
The Order Form together with these Terms.

Approved Implementation Partner
An implementation partner approved by Servly in writing under clause 5.

Customer
The entity identified as the Customer in the Order Form.

Customer Data
All data, information and records entered into or generated within the Salesforce platform by or on behalf of Customer under the Agreement.

Go-Live Date
The date on which Customer's Salesforce org is confirmed as live and in active business use, agreed in writing between Customer and the Approved Implementation Partner and notified to Servly in writing. If no Go-Live Date has been agreed and notified to Servly within 12 months of the Start Date, the full licence rate will apply automatically from that date.

Initial Term
The 12-month period commencing on the Start Date, as specified in the Order Form.

Order Form
The Servly Order Form signed by both parties that incorporates these Terms.

Salesforce
Salesforce, Inc. and its affiliates, being the third-party provider of the underlying platform on which the Services depend.

Services
The Salesforce platform licence supply, access management and light advisory support provided by Servly, as set out in the Order Form.

Servly
Servly Pty Ltd (ACN 689 938 654).

Start Date
The date on which the Order Form is signed by both parties.

Third-Party Applications
Any application, integration, managed package or software not provided by Servly or Salesforce, including applications available through the Salesforce AppExchange.

Consumption-Based Services
Platform features or services billed according to actual usage, including Flex Credits, API calls, data storage and file storage.

Beta Features
Any Salesforce platform feature designated as beta, pilot, preview, limited release or similar.

2. Services

2.1

Servly will provision and manage Salesforce platform licences on behalf of Customer, including the licence administration, provisioning and access management required to provide Customer with access to the Salesforce platform.

2.2

Customer acknowledges that Salesforce licences are supplied by Servly as an authorised Salesforce partner. Customer's contractual relationship for platform access is with Servly, not directly with Salesforce.

2.3

The Services are limited to licence supply, access management and light advisory support as described in clause 10.

Servly does not provide implementation, configuration, development, migration, training or ongoing technical support unless expressly agreed otherwise in writing.

Any such services are the sole responsibility of Customer and any third party engaged by Customer. Migration of any existing Salesforce configuration or data is not Servly's responsibility and must be managed by Customer's Approved Implementation Partner.

2.4 Salesforce Main Services Agreement

Customer acknowledges that use of the Salesforce platform is also governed by the Salesforce Main Services Agreement ("Salesforce MSA") between Salesforce, Inc. and Servly, which applies to Customer's use of the platform as an end user.

The current Salesforce MSA is available at salesforce.com/company/legal/agreements.

By entering into an Order Form with Servly, Customer agrees to be bound by the Salesforce MSA to the extent that it applies to Customer's use of the Services.

If there is any conflict between the Salesforce MSA and these Terms on a matter relating solely to the commercial relationship between Servly and Customer, including pricing, billing or the Approved Implementation Partner requirement, these Terms will prevail.

2.5 Customer Data and Salesforce

Customer acknowledges that Customer Data stored within the Salesforce platform is subject to Salesforce's data handling, security and privacy obligations under the Salesforce MSA and Salesforce Data Processing Addendum.

Servly is not responsible for Salesforce's compliance with those obligations.

3. Term

3.1

The Agreement commences on the Start Date and continues for the Initial Term unless terminated earlier in accordance with these Terms.

3.2

Following the Initial Term, the Agreement will automatically renew for successive 12-month periods unless either party provides written notice of non-renewal at least 60 days before the end of the then-current term.

4. Fees and Payment

4.1

Fees are set out in the Order Form and are stated in Australian dollars (AUD), excluding GST.

4.2

Billing periods and applicable rates are specified in the Order Form, including any discounted pre-Go-Live rate or free period where applicable.

4.3

Servly will invoice Customer monthly in advance. Payment is due within 14 days of the invoice date.

4.4

Overdue amounts will accrue interest at 1.5% per month from the due date until paid.

4.5

Servly may suspend access to the Services if payment is more than 14 days overdue, provided Servly gives Customer at least 5 business days' written notice before suspension.

4.6

Where GST applies, Servly will issue a valid tax invoice and Customer is responsible for paying GST in addition to the stated fees.

5. Implementation Partner

5.1

As a condition of the Agreement, Customer must engage an Approved Implementation Partner to carry out any major configuration, development or implementation work on the Salesforce org provisioned under the Agreement.

5.2

Servly will specify its recommended Approved Implementation Partner in the Order Form.

Any alternative implementation partner must be requested in writing and approved by Servly before engagement.

Servly will respond to an approval request within 10 business days. If Servly does not respond within that period, approval will be deemed to have been granted.

5.3

Servly's approval of an implementation partner does not constitute a warranty or endorsement of that partner's work.

Customer remains responsible for the quality and outcome of any implementation work.

5.4

Servly may withdraw approval of an implementation partner where, in Servly's reasonable opinion, that partner's work poses a risk to the integrity or security of the Salesforce org or Servly's platform environment.

6. Early Exit

6.1

This clause applies only where an Exit Window is specified in the Order Form.

Where an Exit Window applies, Customer may terminate the Agreement during that period by providing written notice to Servly by email.

6.2

The minimum notice period under this clause is 2 weeks and the maximum is 8 weeks. Termination takes effect at the end of the applicable notice period.

6.3

If Customer terminates during the Exit Window, no termination penalty applies.

Fees will only be charged for days of active service that fall outside any applicable free period and within the notice period served.

6.4

No discount, free period or waived fee will be clawed back following termination under this clause.

6.5

After the Exit Window expires, the standard termination provisions in clause 7 apply.

7. Termination

7.1

Either party may terminate the Agreement for cause by giving 30 days' written notice where the other party has materially breached the Agreement and failed to remedy that breach within the notice period.

7.2

For the avoidance of doubt, failure by Customer to pay an invoice within 30 days of its due date constitutes a material breach.

Servly may terminate the Agreement on 14 days' written notice if any invoice remains unpaid for more than 30 days after its due date, without prejudice to Servly's right to recover accrued fees.

7.3

Either party may terminate the Agreement immediately by written notice if the other party becomes insolvent, enters administration or is wound up.

7.4

Any fees accrued before the effective date of termination remain payable.

8. Customer Responsibilities

8.1

Customer is responsible for:

• ensuring all users comply with Salesforce's acceptable use policies as communicated by Servly from time to time;
• maintaining the security of user credentials and promptly notifying Servly of any unauthorised access;
• providing accurate and complete information to Servly and the Approved Implementation Partner; and
• engaging and managing the Approved Implementation Partner in accordance with clause 5.

9. Acceptable Use

9.1

Customer must not, and must ensure that its users do not:

• use the Services for any unlawful purpose or in breach of any applicable law or regulation;
• resell, sublicence or otherwise provide access to the Services to any third party without Servly's prior written consent;
• attempt to reverse engineer, decompile or otherwise derive the source code of any software underlying the Services;
• share user login credentials between multiple individuals;
• use the Services in any manner that could damage, overload or impair Servly's or Salesforce's systems or infrastructure; or
• use the Services to store or transmit any material that is unlawful, defamatory or infringes a third party's intellectual property rights.

9.2

Servly may immediately suspend access to the Services without prior notice if it reasonably believes Customer is in breach of this clause, provided Servly notifies Customer as soon as practicable following the suspension.

10. Servly's Responsibilities

10.1

Servly will:

• provision and maintain Customer's Salesforce licences and org access in accordance with the Agreement;
• use commercially reasonable efforts to ensure platform availability consistent with Salesforce's published uptime commitments, currently 99.9% as published at trust.salesforce.com;
• provide light advisory support to Customer at no additional cost during the implementation project, limited to general guidance on Salesforce configuration and best practice; and
• promptly notify Customer of any material changes to licensing costs or platform availability that may affect the Agreement.

Servly does not provide an independent service level commitment and makes no warranty regarding platform availability beyond the commitments provided by Salesforce.

10.2

Servly is not responsible for the quality, timeliness or outcomes of any implementation, configuration, migration or consulting work carried out by a third party, including an Approved Implementation Partner.

10.3

Servly's obligations are limited to those expressly set out in this clause.

Servly does not warrant that the Salesforce platform will meet Customer's specific business requirements or that any implementation will be successful.

11. Price Variation

11.1

Where an Order Form specifies a price protection period, Servly will not increase fees during that period.

The applicable price protection period, if any, will be specified in the Order Form.

11.2

After any applicable price protection period, Servly may vary fees by giving Customer at least 60 days' written notice, provided that any increase is limited to passing through increases in Salesforce's underlying licence costs or is otherwise agreed in writing.

11.3

If Customer does not accept a notified fee variation, Customer may terminate the Agreement without penalty by giving 30 days' written notice within 14 days of receiving the variation notice.

12. Confidentiality

12.1

Each party must keep the other party's confidential information, including the commercial terms of the Agreement, confidential and must not disclose it to a third party without prior written consent, except where disclosure is required by law.

12.2

The obligations in this clause survive termination or expiry of the Agreement for 2 years.

13. Intellectual Property and Data

13.1

All intellectual property rights in the Services, Servly's platform, tooling, methodologies and any materials created by Servly remain the sole property of Servly.

No rights are granted to Customer other than the limited right to access and use the Services as expressly provided under the Agreement.

13.2

Customer retains full ownership of all Customer Data. Servly acquires no right, title or interest in Customer Data.

13.3

Servly will not access, use or disclose Customer Data except where strictly necessary to provision and maintain the Services or where required by law.

13.4

Upon termination or expiry of the Agreement, Customer is solely responsible for exporting its Customer Data before decommissioning.

Servly will use reasonable endeavours to provide at least 30 days' written notice before decommissioning Customer's org.

13.5

Servly has no obligation to retain or provide access to Customer Data after the later of:

(a) decommissioning of Customer's org; or
(b) 30 days after the effective date of termination or expiry.

After that period, Customer Data in Servly's possession or control in connection with the Services will be deleted or destroyed.

Customer is solely responsible for ensuring that all required data has been exported before that deadline.

14. Privacy

14.1

Each party agrees to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with any personal information collected, used or disclosed under or in connection with the Agreement.

14.2

Servly will only collect and handle personal information relating to Customer's users to the extent reasonably necessary to provision and administer the Services.

15. Spam Act and Electronic Communications Compliance

15.1

Customer is solely responsible for ensuring that its use of the Services, including any email or marketing functionality, complies with the Spam Act 2003 (Cth), applicable ACMA requirements and any other laws governing commercial electronic messages.

15.2

Customer warrants that it has obtained all necessary consents from recipients before sending commercial electronic messages through the Services and that all such messages contain a functional unsubscribe mechanism.

15.3

Servly has no liability for any breach by Customer of the Spam Act 2003 (Cth) or related legislation.

Customer indemnifies Servly against any claim, penalty, fine or loss arising from such a breach.

16. Security

16.1

Customer must implement and maintain reasonable security practices in connection with its use of the Services, including:

• enforcing strong password policies for all user accounts;
• enabling multi-factor authentication (MFA) where available;
• restricting access to the Salesforce org to authorised personnel;
• promptly deactivating user accounts following staff departure or role changes; and
• not storing credentials, API keys or access tokens in an insecure manner.

16.2

Servly has no liability for loss or damage arising from Customer's failure to comply with this clause.

16.3

Servly will implement reasonable security measures in connection with its administration of Customer's licences and org access, consistent with industry-standard practices for SaaS licence management.

17. Data Breach Notification

17.1

If either party becomes aware of an actual or suspected data breach involving personal information held in connection with the Agreement that is likely to constitute an eligible data breach under the Privacy Act 1988 (Cth), it must notify the other party in writing as soon as practicable and no later than 72 hours after becoming aware of the breach.

17.2

The notifying party must provide reasonable details of:

• the nature of the breach;
• the data affected; and
• the steps being taken to contain and remediate the breach.

17.3

Each party remains responsible for meeting its own obligations under the Notifiable Data Breaches scheme in respect of any breach arising from its systems or conduct.

18. Third-Party Platform Dependency

18.1

Customer acknowledges that the Services depend on Salesforce as a third-party platform provider.

The availability, functionality and pricing of the Services are therefore subject to Salesforce's terms, policies and decisions, which are outside Servly's control.

18.2

Servly is not liable for any interruption, degradation or discontinuation of the Services caused by Salesforce's acts or omissions, including platform outages, feature changes, policy updates or termination of Servly's partner status.

18.3

If Salesforce materially changes its platform in a way that prevents Servly from delivering the Services, Servly will notify Customer as soon as practicable and the parties will negotiate in good faith to identify an alternative arrangement.

If no alternative arrangement is agreed within 30 days, either party may terminate the Agreement without penalty.

19. Licence Seat Management

19.1

Customer may request additional user licences at any time by providing written notice to Servly.

Additional licences will be charged at the per-user rates specified in the Order Form and invoiced on a pro-rata basis for the remainder of the current billing period.

19.2

Customer may reduce user licence quantities at the end of a 12-month term by giving at least 30 days' written notice before renewal.

Licence quantities may not be reduced during a term unless agreed in writing by Servly.

19.3

Any agreed variation to licence types or quantities will be documented in a written variation to the Order Form signed by both parties.

20. Warranties and Representations

20.1

Each party represents and warrants that:

• it has full legal authority to enter into and perform its obligations under the Agreement;
• the Agreement has been duly executed and constitutes a binding legal obligation; and
• entering into the Agreement does not breach any other agreement, obligation or applicable law binding on that party.

20.2

Customer represents and warrants that:

• all information provided to Servly in connection with the Agreement is accurate and complete; and
• it holds all rights, licences and consents necessary to use any data it inputs into the Salesforce platform under the Agreement.

21. Indemnity

21.1

Customer indemnifies Servly and its officers, employees and agents against any claim, loss, damage, liability, cost or expense, including reasonable legal costs, arising from or in connection with:

• Customer's breach of the Agreement, including any breach of clause 9;
• Customer's breach of the Spam Act 2003 (Cth) or any other law in connection with its use of the Services;
• any third-party claim arising from Customer's use of the Services or Customer Data; or
• any act or omission of Customer's users or Approved Implementation Partner in connection with the Salesforce org.

21.2

Servly indemnifies Customer against any claim arising from Servly's wilful misconduct or fraudulent act in connection with the provision of the Services.

21.3

The indemnifying party's obligations under this clause are conditional upon the indemnified party:

(a) promptly notifying the indemnifying party of the claim;
(b) giving the indemnifying party reasonable control of the defence; and
(c) providing reasonable cooperation at the indemnifying party's cost.

22. Surviving Clauses

22.1

The following clauses survive termination or expiry of the Agreement:

• clause 4 — Fees and Payment, to the extent of accrued obligations;
• clause 12 — Confidentiality;
• clause 13 — Intellectual Property and Data;
• clause 14 — Privacy;
• clause 15 — Spam Act and Electronic Communications Compliance;
• clause 17 — Data Breach Notification;
• clause 21 — Indemnity;
• clause 25 — Limitation of Liability;
• clause 28 — Consumption-Based Services, to the extent of accrued charges; and
• clause 36 — General, to the extent necessary to give effect to the surviving provisions.

23. Reference and Marketing Rights

23.1

Customer grants Servly the right to identify Customer as a client of Servly and to use Customer's trading name and logo on Servly's website, in marketing materials and in sales conversations.

23.2

Customer may withdraw this consent at any time by giving written notice to Servly.

Following receipt of that notice, Servly will cease any new use of Customer's name and logo within 30 days.

23.3

Servly will not make any detailed public statement regarding Customer's implementation or business outcomes without Customer's prior written approval.

24. Force Majeure

24.1

Neither party is liable to the other for any failure or delay in performing its obligations to the extent caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, government actions, telecommunications or internet failures, or third-party platform outages, including Salesforce platform outages.

24.2

A party seeking to rely on this clause must promptly notify the other party and use reasonable endeavours to mitigate the impact.

If the force majeure event continues for more than 60 days, either party may terminate the Agreement by written notice without penalty.

25. Limitation of Liability

25.1

To the maximum extent permitted by law, except as expressly stated in these Terms, the Services are provided "as is" and without warranty of any kind.

Servly expressly disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by applicable law.

25.2

To the maximum extent permitted by law, Servly's total aggregate liability to Customer under or in connection with the Agreement is limited to the total fees paid by Customer to Servly during the 12 months preceding the event giving rise to the claim.

25.3

Neither party is liable to the other for any indirect, consequential, special or punitive loss or damage, including loss of profit, revenue or business opportunity.

25.4

Nothing in this clause limits liability for fraud, wilful misconduct or any liability that cannot lawfully be excluded or limited, including liability under the Australian Consumer Law.

26. Dispute Resolution

26.1

If a dispute arises in connection with the Agreement, the parties must first attempt to resolve it through good-faith negotiation.

Either party may initiate this process by giving written notice to the other. The parties must meet, either in person or by video conference, within 10 business days after that notice.

26.2

If the dispute is not resolved within 20 business days after the notice, or such longer period as the parties agree, either party may refer the dispute to mediation administered by the Resolution Institute or another mediator agreed between the parties.

26.3

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court.

27. Third-Party Applications

27.1

The Salesforce platform supports third-party applications, integrations and managed packages available through the Salesforce AppExchange and other sources ("Third-Party Applications").

Third-Party Applications are not provided by Servly and are not included in the Services or any Order Form unless expressly stated otherwise.

27.2

Third-Party Applications are subject to separate licence terms, pricing and support arrangements between Customer and the applicable third-party provider.

Servly has no responsibility for the availability, functionality, security or cost of any Third-Party Application.

27.3

Customer is solely responsible for evaluating, procuring and managing any Third-Party Applications installed or enabled within its Salesforce org.

Customer acknowledges that Third-Party Applications may access Customer Data and that Servly has no control over, or liability for, that access.

27.4

If a Third-Party Application causes disruption to Customer's Salesforce org, Servly's obligation is limited to assisting Customer with access to the underlying licensed platform.

Servly is not responsible for remediating issues caused by Third-Party Applications.

27.5

Some Third-Party Applications may require additional Salesforce licences or licence upgrades.

Any such requirements are Customer's responsibility and are not included in the licensing specified in the Order Form unless expressly stated.

28. Consumption-Based Services

28.1

Certain Salesforce platform features operate on a consumption basis, including Flex Credits used for Agentforce and AI features, API calls, data storage, file storage and other metered services ("Consumption-Based Services").

Use of Consumption-Based Services beyond any allocation included in an Order Form will incur additional charges.

28.2

Any Consumption-Based Service allocation included in an Order Form will be specified in that Order Form.

Unless otherwise stated, allocations:

• are one-off or annual, as specified;
• do not roll over between periods; and
• expire at the end of the applicable period.

28.3

Servly will use reasonable endeavours to notify Customer when usage of a Consumption-Based Service reaches 80% of an included allocation.

Customer remains responsible for monitoring its usage and purchasing additional allocations before the included allocation is exhausted.

28.4

Consumption-Based Services that are not included in an Order Form, or that exceed an included allocation, will be invoiced at Servly's then-current rates or at Salesforce list pricing where no Servly rate applies.

Where practicable, Servly will advise Customer of applicable rates before an overage is incurred.

28.5

Servly is not liable for disruption to AI functionality, automation or other platform features caused by exhaustion of Consumption-Based Service allocations.

Customer is responsible for ensuring that sufficient allocation is available for its intended use.

28.6

Customer acknowledges that Consumption-Based Service pricing is set by Salesforce and may change from time to time.

Servly will pass through Salesforce pricing changes for Consumption-Based Services by giving Customer at least 30 days' written notice.

29. Salesforce Platform Changes

29.1

The Salesforce platform is continuously updated by Salesforce, Inc. through scheduled releases, typically including three major releases each year, as well as interim updates.

Customer acknowledges that platform updates may change, deprecate or remove features upon which Customer relies.

29.2

Servly will use reasonable endeavours to notify Customer of material platform changes that are likely to affect Customer's use of the Services, based on information provided by Salesforce.

Servly's ability to provide advance notice is limited to the notice provided to Servly by Salesforce.

29.3

If Salesforce deprecates or removes a feature upon which Customer relies, Servly's obligation is limited to notifying Customer and assisting Customer to understand the impact.

Servly is not responsible for reconfiguration, redevelopment or migration costs arising from Salesforce platform changes.

29.4

If Salesforce retires a product or licence type included in an Order Form, Servly will work with Customer in good faith to identify a suitable replacement.

If no suitable replacement is available, either party may terminate the affected Order Form by giving 30 days' written notice without penalty.

29.5

Customer acknowledges that Salesforce AI features, Agentforce capabilities and Beta Features may be subject to more frequent and material change than core platform features.

Servly does not warrant that any particular AI feature or capability will remain available throughout the term of an Order Form.

30. Beta and Preview Features

30.1

The Salesforce platform may include features designated as beta, pilot, preview or limited release ("Beta Features").

Beta Features are provided by Salesforce on an "as is" basis and without warranty.

30.2

Servly makes no representation or warranty regarding the availability, performance or functionality of Beta Features.

Servly is not liable for loss or disruption arising from Customer's use of, or reliance upon, Beta Features.

30.3

Customer uses Beta Features at its own risk.

Salesforce may withdraw Beta Features at any time without notice and without any obligation to provide a replacement.

31. Multi-Org and Group Entities

31.1

Each Order Form relates to a single Salesforce organisation ("org") and a single legal entity.

Where a Customer group wishes to use the Services across multiple legal entities or multiple Salesforce orgs, each entity and each org requires a separate Order Form unless otherwise architected and approved by Servly.

31.2

Separate Order Forms within the same Customer group constitute independent agreements.

Pricing, terms and licence configurations may differ between Order Forms. A default under one Order Form does not automatically constitute a default under another.

31.3

Customer Data from one Salesforce org is not accessible to users of another org unless explicitly configured as part of an agreed integration.

Servly is not responsible for data sharing or data isolation between group entities unless expressly specified in an Order Form.

31.4

At Customer's request, Servly may offer coordinated onboarding, consistent pricing or group-level advisory services across multiple Order Forms within the same Customer group.

Any such arrangement must be confirmed in writing.

32. Data Residency and Subprocessors

32.1

Customer Data is stored and processed using Salesforce infrastructure.

The primary data residency for Australian customers is Salesforce's Australian data centres, subject to Salesforce's data residency policies as published at trust.salesforce.com.

Servly does not control or warrant Salesforce's data residency decisions.

32.2

Customer consents to Servly using the following categories of subprocessors in connection with the Services:

(a) Salesforce, Inc., as the underlying platform provider;
(b) Servly's internal systems and personnel for licence administration and support; and
(c) any other subprocessor identified in the Order Form or notified to Customer with at least 30 days' written notice.

32.3

Servly will ensure that its subprocessors are subject to appropriate data protection obligations.

Servly remains responsible to Customer for the acts and omissions of its subprocessors to the extent that those acts or omissions relate to the Services and fall within Servly's responsibility under the Agreement.

32.4

Customer is responsible for ensuring that its use of the Salesforce platform, including the data stored and processed within it, complies with applicable Australian laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles and any industry-specific obligations.

33. Field Service Acceptable Use

33.1

In addition to the acceptable use obligations in clause 9, Customer must ensure that its use of the Services in connection with field service operations complies with the following requirements:

• Location data collected through the Salesforce Field Service mobile app must be collected, used and disclosed in accordance with the Privacy Act 1988 (Cth) and any applicable workplace surveillance laws. Customer is responsible for obtaining any required employee or contractor consents for location tracking.
• Customer must not use the Services to collect or store biometric data, including facial recognition or fingerprint data, without obtaining all required consents and implementing appropriate safeguards under applicable law.
• Customer must ensure that field technicians and contractors are appropriately informed about the data collected about them through the platform, in accordance with applicable privacy requirements.
• Customer must not use the Services to engage in misleading, deceptive or unconscionable conduct toward its customers in connection with service appointments, pricing or communications.

33.2

Servly is not responsible for Customer's compliance with workplace laws, privacy obligations relating to Customer's employees or contractors, or obligations arising from Customer's relationships with its own customers.

34. Licensing Scope and Exclusions

34.1

The licences supplied under an Order Form provide access to the Salesforce platform features included within the specified licence types, as determined and published by Salesforce from time to time.

The precise feature set associated with each licence type is determined by Salesforce and may change through platform updates.

34.2

The following are expressly excluded from the Services and any Order Form unless specifically stated otherwise:

(a) Third-Party Applications and AppExchange products;
(b) Salesforce add-on products not listed in the Order Form, including Revenue Intelligence, Tableau, MuleSoft, Slack paid tiers and industry clouds;
(c) professional services, implementation, configuration or consulting;
(d) training and change management;
(e) data migration;
(f) integration development or maintenance; and
(g) hardware, software or infrastructure outside the Salesforce platform.

34.3

Servly's advisory support, as described in clause 10, is limited to general guidance on Salesforce configuration and best practice.

It does not constitute professional services and does not create an obligation on Servly to deliver any particular outcome.

34.4

API access to the Salesforce platform is included within the licences supplied under an Order Form, subject to Salesforce's applicable API call limits.

Any additional charges resulting from API usage beyond those limits are Customer's responsibility.

Servly will notify Customer if it becomes aware of API usage patterns that may incur additional charges.

34.5

Data storage and file storage are provided within Salesforce's standard allocations for the licences supplied.

Customer is responsible for managing its storage usage within those limits.

Additional storage, where available, may be purchased through Servly at Servly's then-current rates.

35. Licence Compliance and Audit

35.1

Customer must ensure that its use of the Services does not exceed the number or type of licences specified in the Order Form.

Customer is responsible for maintaining accurate records of all users with access to the Salesforce org and ensuring that each user holds the appropriate licence type.

35.2

Customer must promptly notify Servly in writing if it becomes aware that its actual usage exceeds its licensed quantity or scope.

Customer must purchase the additional licences required to cover the excess from the date on which the overuse commenced.

35.3

No more than once in any 12-month period, and upon at least 10 business days' written notice, Servly may request that Customer provide a written certification of its licence usage, including:

• the number of active users;
• the licence types in use; and
• any Third-Party Applications accessing the platform.

Customer must provide the requested certification within 10 business days.

35.4

If a certification reveals undisclosed licence overuse, Customer must pay for the additional licences at the applicable Order Form rate from the date the overuse commenced.

If the overuse exceeds 10% of the licensed quantity, Servly may also invoice a one-time true-up fee in addition to the ongoing licence cost.

35.5

Servly's right to request certification under this clause does not limit or waive any other right Servly may have in respect of licence overuse under these Terms or the Salesforce MSA.

36. General

36.1 Governing Law

The Agreement is governed by the laws of Western Australia, Australia.

The parties submit to the exclusive jurisdiction of the courts of Western Australia.

36.2 Notices

Notices may be given by email and will be effective on the date of sending.

Notices to Servly should be sent to anthony@servly.au.

Notices to Customer should be sent to the email address specified in the Order Form.

36.3 Entire Agreement

The Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, representations and understandings relating to that subject matter.

36.4 Amendments to Terms

Servly may update these Terms from time to time by publishing a revised version at servly.au/terms and providing written notice to Customer by email.

Changes will take effect 30 days after notice is given.

Continued use of the Services after that date constitutes acceptance of the updated Terms.

Any change that materially reduces Customer's rights requires Customer's prior written consent.

36.5 Amendments to Order Form

An Order Form may only be amended by written agreement signed by both parties.

36.6 Assignment

Customer may not assign the Agreement without Servly's prior written consent.

Servly may assign the Agreement in connection with a corporate restructure, merger, acquisition or sale of the business.

36.7 Severability

If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

36.8 Waiver

A party's failure or delay in enforcing any right under the Agreement does not constitute a waiver of that right.

Questions regarding these Terms can be sent to anthony@servly.au.