SERVICE AGREEMENT
1. Twilio
1.1 The Client is responsible for maintaining their own Twilio account and for managing and securing API keys.
1.2 The Company shall not be held liable for any issues, costs, or liabilities arising from the Client’s use or misuse of the Twilio platform.
2. API Integrations
2.1 The AI Bot includes an open API for integration with third-party applications (e.g. Zapier).
2.2 The Client is solely responsible for managing, securing, and maintaining API keys and access credentials when integrating with external systems.
2.3 The Company is not responsible for data loss, breach, or performance issues arising from third-party integrations.
3. Calendar Integration
3.1 A single AI Bot can only sync with one calendar or one calendar service at a time.
3.2 Multiple calendars or services will require the purchase of additional AI Bots.
4. Compliance and Permissions
4.1 The Client warrants that it has obtained all necessary consents to contact individuals via outbound communication.
4.2 The Company accepts no responsibility or liability for the legality of contact data supplied by the Client, including compliance with the Do Not Call Register Act 2006 (Cth) or any other applicable law.
4.3 The Client is solely responsible for ensuring compliance with all applicable privacy, data protection, spam, and telecommunications laws and regulations.
5. Ongoing Management
5.1 The Client may request updates or light modifications to the AI Bot through their assigned Success Manager. All such changes must be requested in writing.
5.2 Where a significant number of changes, new features, or a partial rebuild is required, additional charges may apply. These will be quoted separately and must be agreed to in writing before work commences.
6. No Guarantee of Outcomes
6.1 The Company makes no representations or guarantees regarding business outcomes such as sales performance, lead generation, or revenue growth.
6.2 The effectiveness of the AI Bot is dependent on the Client’s specific implementation, use case, and data quality.
7. Development Timeframe
7.1 The Client must provide all requested onboarding information within thirty (30) days of the onboarding call.
7.2 Delays in providing information may delay development and launch. The Company accepts no liability for such delays.
7.3 Standard development timeline:
• Week 1: Scripting and scenario mapping
• Week 2: Technical integration and data setup
• Week 3: Pilot testing and feedback (Client must purchase sufficient minutes for pilot use)
• Week 4: Final adjustments and launch
8. Data and Database Responsibility
8.1 The Company does not supply contact databases or calling lists.
8.2 The Client is solely responsible for the accuracy, legality, and compliance of all data provided, including obtaining necessary consents.
9. Disclosure of AI Use
9.1 The Client is responsible for determining whether the AI Bot discloses itself as an automated system during interactions.
9.2 The Bot can be programmed to provide such disclosure if requested by the Client.
10. Pre-Launch Testing and Responsibility
10.1 The Client must thoroughly test the AI Bot during the pilot phase to ensure it behaves as intended in all scenarios.
10.2 Final approval and any required modifications must be submitted in writing before the Bot goes live.
11. Call Recording Storage
11.1 Call recordings will be stored securely for ninety (90) days.
11.2 The Client may download recordings during this period via a secure URL.
11.3 Longer storage terms may be available by separate agreement and may incur additional charges.
12. Intellectual Property
12.1 The Company retains all ownership rights in proprietary tools, software, templates, and systems used to develop or operate the AI Bot.
12.2 The Client owns the specific instance of the AI Bot created for them, including custom scripts, recordings, and scenario logic.
13. Limitation of Liability
13.1 Exclusion of Indirect Losses: To the fullest extent permitted by law, the Company shall not be liable for any indirect, special, or consequential damages including loss of profits, business opportunities, data, or reputation.
13.2 Limitation of Remedies: The Company's total aggregate liability arising from or in connection with this Agreement shall not exceed the total fees paid by the Client under this Agreement, excluding third-party costs.
13.3 Client-Supplied Data: The Company shall not be liable for any losses or performance failures resulting from incomplete, inaccurate, or misleading data provided by the Client.
13.4 Third-Party Interruptions: The Company is not liable for downtime, errors, or losses arising from failures or interruptions by third-party platforms including but not limited to OpenAI, Twilio, or web hosting providers.
14. Confidentiality of Financial Information
14.1 The Client must not disclose sensitive financial information such as credit card or bank account details via screen sharing, email, or direct communication with Company staff.
14.2 All sensitive data must be entered privately and securely using approved systems.
15. Copyright Compliance
15.1 The Client warrants that all content, logos, audio, video, and other materials supplied comply with copyright laws and that the Client has secured all necessary permissions and licences.
15.2 The Company accepts no liability for copyright infringement resulting from materials supplied by the Client.
16. Dispute Resolution and Payment Reversals
16.1 This Agreement shall be governed by the laws of Queensland, Australia.
16.2 If the Client reverses or disputes a credit card payment outside the statutory cooling-off period, this Agreement shall terminate immediately.
16.3 The Client remains liable for all work performed prior to termination, billed at $200 per hour, payable within thirty (30) days of a detailed invoice.
16.4 The Company may recover reasonable legal and administrative costs associated with defending chargebacks or recovering outstanding payments.
17. Communication Protocol
17.1 All communications shall be directed to results@marketingsecrets.com.au.
17.2 To schedule a phone call, the Client must request via email.
17.3 Office hours are Monday to Friday, 9:00am to 5:00pm AEST. The standard response time is 24–48 hours during business hours.
18. Entire Agreement
18.1 This Agreement, along with any signed onboarding or terms of service documents, constitutes the entire agreement between the Parties and supersedes all prior discussions or representations.
18.2 Any variations must be in writing and signed by both Parties.
19. Severability
19.1 If any provision of this Agreement is held to be unenforceable or invalid under applicable law, such provision shall be modified or severed to the minimum extent necessary to make it enforceable, and the remainder of the Agreement shall remain in full force.
20. Headings
20.1 Clause headings are for reference only and do not affect the interpretation of this Agreement.
21. Governing Law and Jurisdiction
21.1 This Agreement shall be governed by the laws of Queensland, Australia.
21.2 The Parties submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes arising under this Agreement.
