This Master Service Agreement ("MSA") is entered into between Maestro Business Advantage ("Maestro") and the customer that subscribes to a Service ("Customer", "you"). It sets out the commercial framework for the Services described in the Terms of Service. It is governed by South African law.
1. Definitions
- Services — the Business Advantage and Business Partner memberships, the Verified Business listing, the leads marketplace and the online platform, all as described on the Maestro website.
- Order — the sign-up flow, plan selection or checkout through which you subscribe to a Service.
- Subscription Term — the recurring billing period (monthly, unless stated otherwise) which renews automatically until cancelled.
- Effective Date — the date the first Order is accepted and paid.
2. Structure of the agreement
The contract between you and Maestro consists of, in order of precedence:
- this MSA;
- the Data Processing Addendum;
- the Refund Policy;
- the Privacy Policy;
- the Terms of Service;
- the applicable Order.
3. Services & service levels
- Maestro will provide the Services described in your plan with reasonable skill and care.
- We target 99.5% monthly platform uptime, excluding scheduled maintenance and events outside our reasonable control.
- Consultations booked through the platform will be scheduled within 3 business days for Business Advantage members and 1 business day for Business Partner members (priority support).
- Support enquiries are answered within 2 business days (Advantage) or 24 hours (Partner).
4. Fees & billing
- Fees for each Service are those displayed at the point of Order. Prices may change on renewal with at least 30 days' notice.
- Recurring fees are debited via PayFast on each renewal date.
- Lead credit purchases are once-off and non-refundable except as set out in the Refund Policy.
- Late or failed payments may result in Services being paused; repeated failure may result in termination.
5. Term, renewal & termination
- This MSA starts on the Effective Date and continues until all Services are cancelled or terminated.
- Each Subscription Term renews automatically for the same period unless cancelled from the dashboard before the next renewal date.
- Either party may terminate for material breach that is not remedied within 14 days of written notice.
- Maestro may suspend the Services immediately for unlawful use, non-payment, fraud, or serious platform abuse.
- On termination, sections that by their nature should survive (fees due, confidentiality, liability, dispute resolution) survive.
6. Customer obligations
- Provide accurate information and keep it up to date.
- Use the Services in accordance with the Terms of Service and applicable South African law.
- Retain your own copies of important documents; the platform is not a document-of-record system.
7. Confidentiality
Each party must keep the other's non-public information confidential and use it only to perform this MSA. Confidentiality obligations survive termination for 3 years.
8. Intellectual property
- Maestro owns the platform, templates, training materials and know-how. Customer receives a non-exclusive, non-transferable licence to use them for the internal business purposes of the subscribed entity during the Subscription Term.
- Customer owns its own content and grants Maestro the licence described in the Terms of Service to host and display it.
9. Data protection
Processing of personal information is governed by the Privacy Policy and, where Maestro processes personal information on your behalf, by the DPA. Both are incorporated by reference.
10. Warranties & disclaimer
Consultations and templates are provided for general guidance and do not constitute formal legal, tax or audit opinions. Except as expressly stated, and subject to sections 55–56 of the CPA, the Services are provided "as available" without further warranty.
11. Limitation of liability
Except for liability that cannot be limited by law (including fraud, wilful misconduct, or CPA provisions that cannot be excluded):
- Neither party is liable for indirect, incidental, special or consequential loss, loss of profit, revenue, goodwill or data.
- Each party's total liability arising out of or in connection with this MSA is limited to the fees paid by the Customer to Maestro in the 3 months preceding the event giving rise to the claim.
12. Indemnity
You indemnify Maestro against third-party claims arising from (a) content you upload, (b) your breach of law, or (c) your misuse of the Services, up to the liability cap above.
13. Force majeure
Neither party is liable for delay or failure caused by events outside its reasonable control (natural disaster, load-shedding beyond planned tolerance, war, strike, internet or upstream provider failure, government action).
14. Assignment
You may not assign this MSA without our written consent. Maestro may assign to an affiliate or in connection with a merger, acquisition or sale of business, provided the Services continue on materially the same terms.
15. Notices
Notices to Maestro: info@maestroassist.co.za. Notices to Customer: the email on file in the dashboard.
16. Governing law & jurisdiction
This MSA is governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa. The parties will first attempt to resolve any dispute in good faith within 30 days before resorting to litigation, unless urgent interim relief is required.
17. Entire agreement
The documents listed in clause 2 are the entire agreement between the parties in respect of the Services and supersede any prior discussions. If any clause is unenforceable, the rest remains in force.
18. Acceptance
By placing an Order and paying the applicable fee, you accept this MSA. If you are accepting on behalf of a company or other entity, you warrant that you have authority to bind that entity.
19. Contact
Maestro Business Advantage · info@maestroassist.co.za · 015 023 2924 · Johannesburg, South Africa.