Terms and Conditions

Last Updated: 18th July 2024

Introduction

These Terms and Conditions govern your access to and use of the Servo platform, which includes our mobile application and website. By accessing or using the Platform, you agree to be bound by these Terms. Please read them carefully before proceeding.

These Terms constitute a legally binding agreement between you and Servo. By accessing or using the Platform, you confirm that you have read, understood, and agree to comply with these Terms. If you do not agree, you may not access or use the Platform.

We may modify these Terms from time to time, and any such modifications will become effective immediately upon posting. Your continued use of the Platform after any modifications indicates your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates.

If you have any questions about these Terms or the Platform, please contact us at customerservice@servo.com. Thank you for choosing Servo!

Definitions

1. "Servo" refers to our company, which provides the home services platform and operates the Servo mobile application and website.

2. "Platform" collectively refers to the Servo mobile application and website through which users can access and utilize home services.

3. "Service Provider" refers to any third-party individual, company, contractor, or freelancer who offers home services through the Servo platform.

4. "Customer" refers to any individual or entity that utilizes the Servo platform to request and receive home services from Service Providers.

5. "Transaction Fee" refers to the fee charged by Servo for processing payments made by Customers for home services.

6. "Commission" refers to the portion of the transaction fee retained by Servo as compensation for facilitating transactions on the Platform.

7. "Cancellation Fee" refers to the fee imposed on Service Providers and Customers for canceling bookings within a specified timeframe, as outlined in the Cancellation Policy.

8. "Personal Information" refers to any information that can be used to identify an individual, including but not limited to name, email address, phone number, NRIC (Singapore Identity Number), and bank information.

9. "Data Privacy" refers to the protection and handling of Personal Information in accordance with applicable data protection laws and regulations.

10. "Terms" refers to these Terms and Conditions governing the use of the Servo platform.

    
    

Scope of Services

1. Servo provides a platform that connects Customers with Service Providers offering a variety of home services, including but not limited to cleaning, repairs, maintenance, installations, and renovations.

2. Service Providers have the opportunity to register on the Servo platform and list their services, qualifications, and availability for booking by Customers.

3. Customers can browse available services on the Servo platform, view Service Provider profiles, and book appointments for home services based on their preferences and requirements.

4. Servo facilitates the booking process, including scheduling appointments, processing payments, and providing communication channels between Customers and Service Providers.

5. While Servo endeavors to ensure the quality and reliability of Service Providers listed on the platform, we do not guarantee the performance or outcomes of services provided by Service Providers.

6. Servo reserves the right to modify, suspend, or discontinue any aspect of the platform at any time without prior notice, including but not limited to service offerings, features, or availability of Service Providers.

7. By using the Servo platform, Customers and Service Providers agree to adhere to these Terms and any additional guidelines or policies provided by Servo.

   
   

Service Provider Registration

1. Eligibility: Service Providers must meet the eligibility criteria outlined by Servo to register on the platform. This may include but is not limited to age requirements, professional qualifications, and legal authorization to offer home services in the relevant jurisdiction.

2. Registration Process: Service Providers can register on the Servo platform by completing the registration form provided on the mobile application or website. During registration, Service Providers are required to provide accurate and up-to-date information, including personal details, business information, qualifications, and documentation as requested by Servo.

3. Account Security: Service Providers are responsible for maintaining the security of their account credentials, including username and password. Service Providers must not share their account credentials with any third party and are liable for any unauthorized use of their account.

4. Verification Process: Servo may conduct verification checks on Service Providers to validate their identity, qualifications, and background. Service Providers may be required to submit additional documentation or undergo interviews as part of the verification process.

5. Approval and Activation: Servo reserves the right to approve or reject Service Provider registrations at our discretion. Upon successful registration and verification, Servo will activate the Service Provider's account, enabling them to list their services on the platform and accept bookings from Customers.

6. Listing Services: Once registered and approved, Service Providers can create and manage listings for their services on the Servo platform. Service Providers are responsible for ensuring that their service listings are accurate, up-to-date, and compliant with Servo's guidelines and policies.

7. Compliance: Service Providers must comply with all applicable laws, regulations, and industry standards governing the provision of home services in their jurisdiction. Servo reserves the right to suspend or terminate the accounts of Service Providers who violate these Terms or engage in fraudulent or unethical behavior.

Service Listing and Description

1. Listing Creation: Service Providers are responsible for creating accurate and comprehensive listings for the services they offer on the Servo platform. Listings should include detailed descriptions, pricing information, availability, and any additional terms or conditions relevant to the service.

2. Service Description: Service Providers must provide clear and honest descriptions of the services offered, including the scope of work, materials used, and any special requirements or limitations. Misleading or inaccurate descriptions are prohibited and may result in account suspension or termination.

3. Pricing and Fees: Service Providers are required to specify the pricing structure for their services, including any applicable fees, surcharges, or taxes. Pricing information should be transparent and clearly communicated to Customers before booking.

4. Availability: Service Providers should accurately indicate their availability for bookings on the Servo platform. This includes specifying available dates, timeslots, and any blackout periods or scheduling constraints.

5. Additional Terms: Service Providers may include additional terms or conditions specific to their services, such as cancellation policies, warranty information, or safety guidelines. These terms should be clearly communicated to Customers before booking.

6. Content Guidelines: Service Providers must adhere to Servo's content guidelines when creating service listings, including restrictions on offensive, misleading, or inappropriate content. Servo reserves the right to remove or modify any listings that violate these guidelines.

7. Updates and Maintenance: Service Providers are responsible for keeping their service listings up-to-date and accurate. Any changes to service offerings, pricing, or availability should be promptly reflected on the Servo platform to avoid confusion or misrepresentation.

8. Review and Approval: Servo may review service listings submitted by Service Providers to ensure compliance with our guidelines and policies. Service Providers may be required to make modifications or provide additional information before listings are approved for publication on the platform.

Payment Terms

1. Payment Process: Customers can make payments for home services booked through the Servo platform using the available payment methods, including credit/debit cards, electronic wallets, or other payment options accepted by Servo.

2. Prepayment: Some services may require prepayment by Customers before the scheduled appointment. The total amount due, including any applicable taxes, fees, or surcharges, will be clearly communicated to Customers during the booking process.

3. Onsite Payment: For certain services that require an onsite inspection or assessment before the service can be completed, Customers may have the option to make payment after the service has been rendered. The final invoice amount will be based on the actual scope of work performed by the Service Provider.

4. Transaction Fees: Servo charges a transaction fee for processing payments made by Customers for home services booked through the platform. The transaction fee amount will be clearly disclosed to Customers during the checkout process.

5. Commission: Servo retains a commission from the total transaction amount as compensation for facilitating transactions on the platform. The commission percentage will be deducted from the total transaction amount before payout to the Service Provider.

6. Payout Schedule: Payouts to Service Providers are typically processed on a monthly basis, with the total payout amount calculated based on completed services during the previous month, minus any applicable transaction fees and commissions.

7. Payment Disputes: In the event of a payment dispute between a Customer and a Service Provider, Servo may intervene to facilitate resolution and may temporarily withhold payment to the Service Provider pending investigation.

8. Currency and Conversion: All payments on the Servo platform are processed in the currency specified by the Customer during the booking process. Currency conversion fees may apply for transactions involving different currencies.

9. Payment Security: Servo employs industry-standard security measures to protect Customer payment information and prevent unauthorized access or fraud. Customers are encouraged to report any suspicious or unauthorized transactions to Servo immediately.

10. Payment Cancellation and Refunds: Customers may be eligible for refunds or cancellations in accordance with the Cancellation Policy outlined in these Terms and Conditions. Refund requests will be processed in accordance with Servo's refund policy and applicable laws.

Transaction Fees and Commissions

1. Transaction Fees: Servo charges a transaction fee for processing payments made by Customers for home services booked through the platform. The transaction fee amount is calculated as a percentage of the total transaction amount and may vary depending on the nature of the service or other factors determined by Servo.

2. Commission: Servo retains a commission from the total transaction amount as compensation for facilitating transactions on the platform. The commission percentage is deducted from the total transaction amount before payout to the Service Provider.

3. Fee Disclosure: The transaction fee and commission percentage applicable to each transaction will be clearly disclosed to Customers and Service Providers during the booking and payment process. Customers and Service Providers agree to the specified fees and commissions by using the Servo platform.

4. Calculation and Deduction: The transaction fee and commission are automatically calculated and deducted from the total transaction amount at the time of payment processing. The net amount after deducting the transaction fee and commission is then disbursed to the Service Provider as their payout.

5. Fee Adjustment: Servo reserves the right to adjust the transaction fee and commission percentage at any time, with or without prior notice to Customers and Service Providers. Any changes to the transaction fee or commission will be effective immediately upon posting on the Servo platform.

6. Payout Statement: Service Providers will receive a monthly payout statement detailing the total transaction amount, transaction fees, commissions, and net payout amount for each completed service during the previous month. Payout statements will be made available electronically through the Servo platform.

7. Taxation: Service Providers are responsible for reporting and paying any applicable taxes on their earnings, including transaction fees and commissions retained by Servo. Servo may provide tax documentation or reporting tools to assist Service Providers in fulfilling their tax obligations.

8. Disputes: In the event of a dispute regarding transaction fees or commissions, Servo may intervene to facilitate resolution and may adjust fees or commissions as necessary to address the dispute. Servo's decision regarding fee disputes shall be final and binding.

9. Fee Waivers: Servo may offer promotional or discounted transaction fees or commissions to Customers or Service Providers at its discretion. Any such waivers or discounts will be subject to specific terms and conditions communicated by Servo.

Payouts to Service Providers

1. Payout Schedule: Payouts to Service Providers are typically processed on a monthly basis, with the total payout amount calculated based on completed services during the previous month. The exact payout schedule may vary depending on banking processes and holidays, but Servo aims to disburse payouts in a timely manner.

2. Calculation of Payouts: The payout amount to each Service Provider is calculated by subtracting the applicable transaction fees and commissions from the total transaction amount for completed services. The net payout amount is then disbursed to the Service Provider's designated bank account.

3. Payout Statements: Service Providers will receive a monthly payout statement detailing the total transaction amount, transaction fees, commissions, and net payout amount for each completed service during the previous month. Payout statements will be made available electronically through the Servo platform.

4. Bank Information: Service Providers are required to provide accurate and up-to-date bank account information for receiving payouts. Servo is not responsible for any delays or errors in payouts resulting from incorrect or outdated bank information provided by the Service Provider.

5. Currency Conversion: Payouts to Service Providers are typically processed in the currency specified by the Service Provider during registration. Currency conversion fees may apply for payouts involving different currencies, and Servo is not responsible for any additional fees charged by financial institutions.

6. Taxation: Service Providers are responsible for reporting and paying any applicable taxes on their earnings, including payouts received from Servo. Servo may provide tax documentation or reporting tools to assist Service Providers in fulfilling their tax obligations.

7. Payment Disputes: In the event of a dispute regarding payout amounts or discrepancies in payout statements, Service Providers may contact Servo's support team for assistance. Servo will investigate the dispute and may adjust payout amounts as necessary to resolve the issue.

8. Fee Deductions: Payout amounts are subject to deductions for transaction fees and commissions retained by Servo, as outlined in the Transaction Fees and Commissions section of these Terms and Conditions. Service Providers agree to the specified fees and commissions by using the Servo platform.

Cancellation Policy

1. Service Provider Cancellation: Service Providers may cancel a booked appointment under certain circumstances, such as unavailability due to unforeseen events or emergencies. Service Providers must notify Servo and the affected Customer as soon as possible and provide a valid reason for the cancellation.

2. Customer Cancellation: Customers may cancel a booked appointment subject to the cancellation terms specified by the Service Provider and Servo. Cancellation requests must be submitted through the Servo platform within the designated timeframe to be eligible for a refund or credit.

3. Cancellation Fees: Servo may impose cancellation fees on Service Providers and Customers for cancellations made within a specified timeframe before the scheduled appointment. The amount of the cancellation fee and the applicable timeframe will be communicated during the booking process.

4. Fee Deductions: Cancellation fees collected by Servo will be deducted from the total transaction amount before processing refunds or credits to Customers or payouts to Service Providers. Servo reserves the right to adjust or waive cancellation fees at its discretion, depending on the circumstances of the cancellation.

5. No-Show Policy: Service Providers may implement a no-show policy to address situations where Customers fail to show up for a scheduled appointment without prior notice. Service Providers may charge a no-show fee or refuse to accept future bookings from Customers who repeatedly fail to honor their appointments.

6. Dispute Resolution: In the event of a dispute regarding cancellation fees or the application of the cancellation policy, Servo may intervene to facilitate resolution between the affected parties. Servo's decision regarding cancellation disputes shall be final and binding.

7. Changes to Bookings: Customers may request changes to their booked appointments, such as rescheduling or modifying the scope of work, subject to the approval of the Service Provider and Servo. Any changes to bookings should be communicated through the Servo platform to ensure accuracy and accountability.

8. Communication: Clear and timely communication between Service Providers, Customers, and Servo is essential for managing cancellations effectively. Service Providers and Customers are encouraged to notify each other and Servo promptly in the event of any changes or cancellations to booked appointments.

Personal and Business Information Collection

1. Information Collected: Servo collects personal and business information from users who register on the platform, including but not limited to:

   • Personal Information: Name, email address, phone number, NRIC (Singapore Identity Number), and other identifying information.

   • Business Information: Business name, registration details, qualifications, certifications, and documentation required for verification purposes.

   • Financial Information: Bank account details, payment card information, and transaction history for processing payments and payouts.

2. Purpose of Collection: Servo collects personal and business information for the following purposes:

   • Account Registration: To create and manage user accounts on the Servo platform.

   • Service Provision: To facilitate the provision of home services by Service Providers to Customers.

   • Payment Processing: To process payments made by Customers for booked services and payouts to Service Providers.

   • Communication: To communicate with users regarding bookings, payments, updates, and support inquiries related to the Servo platform.

   • Compliance: To comply with legal and regulatory requirements, including but not limited to tax obligations, fraud prevention, and identity verification.

3. Consent: By registering on the Servo platform and providing personal and business information, users consent to the collection, use, and disclosure of their information as described in these Terms and Conditions and Servo's Privacy Policy.

4. Data Security: Servo implements industry-standard security measures to protect the confidentiality and integrity of user information collected on the platform. This includes encryption, access controls, and regular security audits to prevent unauthorized access or disclosure.

5. Data Retention: Servo retains user information for as long as necessary to fulfill the purposes for which it was collected, including legal and regulatory requirements. Users may request the deletion or modification of their information by contacting Servo's support team.

6. Third-Party Disclosure: Servo may disclose user information to third-party service providers, business partners, or regulatory authorities as necessary to provide and improve the services offered on the platform, comply with legal obligations, or protect the rights and interests of Servo and its users.

7. International Transfers: User information collected by Servo may be transferred to and processed in countries outside of Singapore where Servo or its service providers operate. By using the Servo platform, users consent to the transfer and processing of their information in accordance with these Terms and Conditions and Servo's Privacy Policy.

8. Updates and Changes: Servo reserves the right to update or modify this section of the Terms and Conditions and its Privacy Policy from time to time. Users will be notified of any material changes to the information collection practices and provided with an opportunity to review and consent to the updated terms.

Data Privacy and Security

1. Confidentiality: Servo is committed to protecting the privacy and confidentiality of user information collected on the platform. We adhere to strict data protection standards and implement appropriate technical and organizational measures to safeguard user data against unauthorized access, disclosure, alteration, or destruction.

2. Information Security: Servo employs industry-standard security protocols and encryption technologies to secure user information transmitted over the internet and stored on our servers. This includes but is not limited to SSL/TLS encryption, firewalls, access controls, and regular security audits.

3. Access Controls: Access to user information collected on the Servo platform is restricted to authorized personnel who require access to perform their duties. Access controls and authentication mechanisms are implemented to ensure that only authorized individuals can access and process user data.

4. Data Minimization: Servo collects and retains only the minimum amount of user information necessary to fulfill the purposes for which it was collected, as outlined in the "Personal and Business Information Collection" section of these Terms and Conditions. Unnecessary or obsolete data is promptly deleted or anonymized to minimize the risk of unauthorized access or misuse.

5. User Responsibilities: Users are responsible for maintaining the confidentiality of their account credentials and for taking appropriate measures to protect their personal and business information. This includes using strong and unique passwords, avoiding sharing account credentials with third parties, and promptly reporting any suspected security incidents to Servo.

6. Third-Party Services: Servo may utilize third-party service providers to assist in the provision of services on the platform, such as payment processing, data hosting, or analytics. These third-party service providers are contractually obligated to comply with applicable data protection laws and regulations and are required to implement appropriate security measures to protect user data.

7. Data Breach Notification: In the event of a data breach or unauthorized access to user information, Servo will promptly notify affected users and regulatory authorities in accordance with applicable data protection laws and regulations. Servo will also take immediate steps to investigate the incident, mitigate any risks, and implement measures to prevent future breaches.

8. User Rights: Users have the right to access, correct, or delete their personal and business information collected on the Servo platform. Users may exercise these rights by contacting Servo's support team and submitting a request in accordance with Servo's data privacy policies and procedures.

9. Compliance: Servo complies with all applicable data protection laws and regulations governing the collection, use, and processing of user information, including but not limited to the Personal Data Protection Act (PDPA) in Singapore. Servo's data privacy practices are reviewed and updated regularly to ensure ongoing compliance with legal and regulatory requirements.

Intellectual Property Rights

1. Ownership: All intellectual property rights, including but not limited to trademarks, service marks, logos, trade names, patents, copyrights, and proprietary content, associated with the Servo platform are owned by Servo or its licensors.

2. Use of Intellectual Property: Users are granted a limited, non-exclusive, non-transferable license to access and use the Servo platform and its content for personal and non-commercial purposes only. Users may not modify, reproduce, distribute, transmit, display, perform, or create derivative works based on Servo's intellectual property without prior written consent.

3. User Content: By submitting content, including but not limited to service listings, reviews, feedback, or other materials, to the Servo platform, users grant Servo a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation and promotion of the Servo platform.

4. Third-Party Content: Servo respects the intellectual property rights of third parties and expects users to do the same. Users may not upload, post, or transmit any content that infringes or violates the intellectual property rights of others. Servo reserves the right to remove or disable access to any infringing content and to terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

5. Reporting Infringements: If you believe that your intellectual property rights have been infringed upon by a user of the Servo platform, please contact Servo's designated copyright agent and provide sufficient information to enable us to investigate and address the infringement.

6. Copyright Policy: Servo has adopted a copyright policy in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. Servo will respond to notices of alleged copyright infringement and take appropriate actions, including removing or disabling access to infringing content and terminating the accounts of repeat infringers.

7. Reservation of Rights: Servo reserves all rights not expressly granted in these Terms and Conditions. Nothing in these Terms shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under Servo's intellectual property rights or the intellectual property rights of any third party.

Liability and Indemnity

1. Limitation of Liability: Servo and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use or inability to use the Servo platform, even if advised of the possibility of such damages.

2. No Warranty: The Servo platform is provided "as is" and "as available" without any warranties of any kind, express or implied. Servo makes no representations or warranties regarding the accuracy, reliability, availability, or suitability of the platform for any particular purpose. Users agree to use the Servo platform at their own risk.

3. Service Provider Liability: Service Providers are solely responsible for the quality, safety, and legality of the services they provide to Customers through the Servo platform. Servo does not guarantee the performance or outcomes of services provided by Service Providers and shall not be liable for any damages or losses arising from the actions or omissions of Service Providers.

4. Customer Liability: Customers are solely responsible for their interactions with Service Providers and the decisions they make regarding the booking and receipt of home services through the Servo platform. Servo shall not be liable for any damages or losses arising from the actions or omissions of Customers.

5. Indemnification: Users agree to indemnify, defend, and hold harmless Servo and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with their use of the Servo platform, violation of these Terms and Conditions, or infringement of any third-party rights.

6. Force Majeure: Servo shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, or government actions.

7. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Singapore.

Dispute Resolution

1. Informal Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the use of the Servo platform, users agree to first attempt to resolve the matter informally by contacting Servo's support team and providing a detailed description of the issue.

2. Mediation: If the dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

3. Arbitration: If mediation is unsuccessful in resolving the dispute, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC). The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties or, failing such agreement, by the SIAC.

4. Arbitration Award: The decision of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties agree to waive their right to a trial by jury and to any form of class action or representative proceeding.

5. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Singapore.

6. Exceptions: Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent or remedy any actual or threatened breach of these Terms or infringement of intellectual property rights.

7. Waiver of Sovereign Immunity: To the extent permitted by applicable law, each party hereby waives any right to claim sovereign immunity or immunity from jurisdiction or execution in any legal proceeding arising out of or in connection with these Terms and Conditions.

Governing Law

1. Applicable Law: These Terms and Conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Singapore.

2. Jurisdiction: Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the use of the Servo platform shall be subject to the exclusive jurisdiction of the courts of Singapore.

3. Waiver of Forum Selection: By using the Servo platform, users agree to submit to the jurisdiction of the courts of Singapore and waive any objection to the venue or inconvenience of the forum.

4. International Users: If you access or use the Servo platform from outside of Singapore, you are responsible for compliance with local laws and regulations. Servo makes no representation that the platform is appropriate or available for use in other locations, and access to the platform from territories where its content is illegal is prohibited.

5. Severability: If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

6. Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.

Amendments to Terms and Conditions

1. Modification Rights: Servo reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes to the Terms will be effective immediately upon posting on the Servo platform.

2. Notification: Servo may notify users of material changes to the Terms and Conditions by posting a notice on the Servo platform or sending a notification to users via email or other electronic means. It is the responsibility of users to review the Terms periodically for any updates or changes.

3. Acceptance of Changes: By continuing to access or use the Servo platform after the effective date of any modifications to the Terms and Conditions, users agree to be bound by the revised terms. If users do not agree with the changes, they should discontinue their use of the Servo platform.

4. Retroactive Effect: Changes to the Terms and Conditions will not apply retroactively to disputes or events that arose prior to the effective date of the changes, unless expressly stated otherwise.

5. Waiver: The failure of Servo to enforce any provision of these Terms and Conditions shall not be deemed as a waiver of such provision or the right to enforce it at a later time.

6. Severability: If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.