Who this agreement is between
Us and your business. It starts when you sign up or start using the service, whichever comes first.
These Terms of Service form an agreement between Lead Genie Au (ABN 65 600 477 271), trading as LeadGenie, of Suite 106, Level 1, 93 George Street, Parramatta NSW 2150 (“LeadGenie“, “we“, “us“), and the business named on the subscription (“you“).
The agreement is formed when you first do any of: accept these terms; submit a subscription order; or begin using the services. Whichever happens first.
The agreement consists of these terms, your subscription order or plan confirmation, and the
Privacy Policy,
Data, Security & Privacy statement and
AI Disclosure statement, which are incorporated by reference. Where a genuine inconsistency exists, these terms prevail — but tell us, because it means we have written something badly.
If you are agreeing on behalf of a company, trust or partnership, you warrant that you are authorised to bind it.
Term — month to month, no lock-in
One month at a time, rolling on until you stop it. No minimum term, no fixed contract, no auto-renewal into a longer period.
Your subscription runs in monthly periods, beginning on the date the service goes live, and continues month to month until cancelled under clause 09.
There is no minimum term, no fixed-term contract and no lock-in period. Each renewal is for one further month on the same terms — never a longer or a fixed period. We will not roll a monthly subscription into an annual one, and we will not require notice longer than the 30 days in clause 09.
Where we offer a discounted annual arrangement, it will be described as such, priced separately and agreed by you expressly. It is never the default and never applied by silence.
What we provide, and when it goes live
Whatever is on your plan, set up properly. Expect one to three weeks depending on the plan — because we build and test it before it talks to your customers.
We provide the products in your plan, which may include the AI receptionist, conversational AI, CRM, unified inbox, automations, reviews tools, the reviews widget and payment collection, together with the configuration, onboarding and support described for that plan. Conversations on every AI plan, and voice on Growth and Pro, are unlimited under our
fair usage policy, which sets the monthly levels at which we would talk to you about your usage: Starter 2,000 conversations; Growth 3,000 conversations and 1,500 answered voice minutes; Pro 6,000 conversations and 3,000 answered voice minutes.
Timing
Services go live following an onboarding call. Typical timeframes, in business days from that call, are from around one week for the simplest configuration to two to three weeks for a full voice and chat build, depending on the plan and on how quickly you provide what we need.
These are estimates given in good faith, not guarantees, and they depend on you. The time is spent writing your scripts, loading your pricing and service areas, connecting your calendar and number, and testing the agent before it speaks to a real customer. We would rather be a week later and correct than fast and wrong — an agent that quotes badly costs more than it saves.
Availability
We aim for continuous availability but do not guarantee uninterrupted service. Planned maintenance is scheduled outside Australian business hours where practicable and notified in advance where it will affect you. We may modify and improve the services, and will not materially reduce core functionality of a plan you are paying for without notice under clause 06.
Telephony depends on carrier networks, and internet-delivered services depend on connections we do not control. We are not responsible for failures caused by those networks, though we will help you work out where a problem sits.
Your account and your users
You are responsible for who you let in. Turn on two-factor authentication and remove people when they leave.
You are responsible for your account, the users you create, and everything done under those logins. You must:
- keep credentials secure and not share a single login across staff;
- enable multi-factor authentication, which we strongly recommend for every user;
- remove access promptly when a person leaves or changes role;
- ensure your users comply with these terms;
- tell us immediately if you suspect unauthorised access — by phone on 0435 095 231, not email.
The most common cause of a small business data incident is a shared login held by a departed employee. That is within your control and not within ours.
Fees, GST and payment
Monthly in advance, by card or direct debit. Every price you have seen is before GST. Miss a payment and we chase you before we switch anything off.
Fees are those for your plan as published or as set out in your subscription order, and are charged monthly in advance. Usage-based charges, where they apply, are charged in arrears in the following period.
GST
All prices advertised on our website and quoted to you are exclusive of GST unless expressly stated otherwise. GST is added to invoices at the rate applying at the time of supply. We issue valid tax invoices.
Payment
Payment is by credit card or direct debit through our payment processor. Card details are held by that processor, not by us — see
clause 08 of the security page. You authorise us to charge the payment method on file for each period until the subscription is cancelled.
If a payment fails
- We notify you and retry.
- If it remains unpaid 14 days after the due date, we may suspend the services on written notice.
- If it remains unpaid 30 days after the due date, we may terminate under clause 09.
We would rather ring you than suspend you, and in practice a phone call comes first. Fees paid are non-refundable except where a refund is required by law, including under the Australian Consumer Law, or where we have made a billing error — in which case we correct it without argument.
Third-party costs you incur through the platform — call and message charges, number rental — are passed through as set out in your plan and are additional to the subscription fee.
Changes to price and to these terms
We can change the price or the terms, but you get 30 days’ notice and you can leave without penalty if you do not like it.
We may vary the fees or these terms. Where a variation is materially adverse to you:
- we give you at least 30 days’ written notice before it takes effect, sent to your account email — not published quietly on the website;
- you may cancel at any time before it takes effect, without penalty and without the 30-day notice period in clause 09;
- if you cancel for that reason, you pay only to the end of your current period, at the old price.
Minor changes with no adverse effect on you — correcting an error, clarifying wording, adding a feature — may take effect on publication with the version number updated.
This clause exists in this form because a right to change a contract unilaterally, without notice and without an exit, is the archetypal unfair contract term under the Australian Consumer Law. We would rather draft it properly than have it struck out.
Acceptable use
Do not use it to spam people, mislead them, or break the law. Do not ask us to make the AI pretend to be human.
You must not use the services to:
- send marketing to people who have not consented or who have opted out, contrary to the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth);
- engage in misleading or deceptive conduct, or make false representations about price, quality or availability, contrary to the Australian Consumer Law;
- ask us to disable, weaken or work around the AI disclosure behaviour, or configure an agent to impersonate an identifiable real person;
- supply pricing, availability or service information you know to be false;
- harass, threaten or defraud any person;
- store prohibited categories of information — card numbers, government identifiers, health information — contrary to clause 08 of the security page;
- attempt to breach the security of the platform, access another customer’s data, or reverse engineer the services;
- resell or white-label the services without our written agreement;
- deploy the services in a context requiring professional licensing or regulated advice without appropriate human oversight;
- breach any applicable Australian law.
The commitments in the
AI Disclosure statement are conditions of use. If you breach this clause we may suspend the affected service under clause 09 — which in practice begins with a phone call rather than a shutdown, unless the breach is serious or unlawful.
The AI, and what it says on your behalf
The AI speaks for your business, so what it says is your business’s word. We are responsible for building it right; you are responsible for the information we build it from — and for checking it.
This is the clause most likely to matter if something goes wrong, so it is written to be understood rather than to be won.
What we are responsible for
Configuring the agents in accordance with the information you supply; the behavioural commitments in the
AI Disclosure statement — disclosure on request, no impersonation, no invented pricing, human handover on request, escalation of urgent matters; and testing the agent before it goes live. If an agent misbehaves because we built or configured it wrongly, that is ours to fix, and we fix it across every affected account.
What you are responsible for
The accuracy of the pricing, availability, service areas and business information you give us; reviewing and approving your agent’s scripts, pricing and message templates before go-live; and your dealings with your own customers. The agent speaks as your business, and a statement it makes may be attributed to you.
The realistic limits
Generative AI is not deterministic. It can mishear a suburb or a surname, misread an unusual question, or state something fluently and incorrectly. The constraints in the AI Disclosure statement are designed to keep those failures away from anything that costs your customer money, but they do not eliminate them.
Accordingly: estimates and information given by an agent are indicative and stated as subject to confirmation. They are not offers capable of acceptance and do not bind you to a price. Every conversation is transcribed and available to you, so a disputed exchange is a matter of reading the record.
Check your transcripts, particularly in the first fortnight. That is the single most useful thing you can do to catch a configuration problem while it is still small. Nothing in this clause limits your rights under clause 11.
Cancelling and suspension
30 days’ notice, any time, no fee. Tell us by phone or email — you do not have to sit through a retention call.
You cancelling
Cancel at any time by giving
30 days’ written notice — email to
[email protected] is enough — or by telling us on the phone, which we will confirm in writing. You pay to the end of the 30-day period and nothing after it.
There is no exit fee, no early termination charge and no penalty. We will not require you to complete a retention call, speak to a “specialist”, or give a reason. We may ask why, once, because it is useful to know. You may decline to answer.
Us suspending or terminating
We may suspend or terminate on written notice where: fees remain unpaid as set out in clause 05; you breach clause 07 and do not remedy it within 14 days of notice (or immediately, where the breach is serious, unlawful or exposes others to harm); or you become insolvent or an equivalent event occurs.
We may also stop offering the services generally, on at least 90 days’ written notice, with a pro-rata refund of fees paid for any period after termination.
What happens on the way out
Your data export rights under clause 10 survive termination. Phone numbers we have provisioned can generally be ported to another provider — begin that before you cancel, not after, because porting a disconnected number is considerably harder.
Your data and intellectual property
Your customer data is yours and you can take it whenever you like. Our software stays ours.
Your data
As between you and us, all data you put into the platform and all data generated by your use of it — customer records, recordings, transcripts, message history — is yours. You grant us a licence to host, process and transmit it only so far as needed to provide the services, secure them, and comply with the law.
You may export your data at any time, without charge and without asking us. On cancellation, export access continues for
30 days after your final period ends, and we will produce a full export on request. Retention and deletion after that are as set out on the
Data, Security & Privacy page.
We do not sell your data, use it to market to your customers, contribute it to public AI model training, or share it with other customers. We use aggregated, de-identified metrics to monitor and improve the service.
Our intellectual property
The platform, software, documentation, the LeadGenie name and marks, and everything we develop in providing the services remain ours or our licensors’. You get a non-exclusive, non-transferable right to use them for your business during the subscription. Agent scripts and configuration we build for you may be exported and are yours to keep; the underlying platform is not.
Feedback
If you suggest an improvement, we may use it without owing you anything. We may also just say thank you, which is usually what happens.
Consumer guarantees and liability
Your Australian Consumer Law rights cannot be excluded and we do not try. Beyond that, our liability is capped at what you have paid us in the last 12 months.
Consumer guarantees come first
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where those guarantees apply, you are entitled to a replacement or refund for a major failure and to compensation for reasonably foreseeable loss or damage, and to have services remedied if they are not of acceptable quality and the failure is not major.
Nothing in this agreement excludes, restricts or modifies those rights. Where we are permitted to limit liability for breach of a guarantee, our liability is limited to resupplying the services or paying the cost of resupply.
Otherwise
Subject to the above, and to the extent permitted by law:
- neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings;
- our aggregate liability arising out of this agreement in any 12-month period is limited to the total fees you paid us in the 12 months before the event giving rise to the claim;
- we are not liable for loss caused by carrier or internet failure outside our control, your breach of these terms, information you supplied that was inaccurate, or your own use of exported data.
Each party must take reasonable steps to mitigate its loss. Liability is reduced to the extent the other party’s act or omission caused it.
Plainly: if our failure costs you money, you have real remedies and we will not hide behind a clause to avoid them. But we cannot underwrite your entire business against every possible consequence of a missed call, and no supplier at this price could.
If we disagree
Ring us first. Almost everything gets sorted that way. If it does not, there are proper avenues and we will not obstruct them.
If a dispute arises:
- Tell us. Ring 0435 095 231 or email [email protected] setting out the issue and what you would like done. We respond within 10 business days.
- We talk. Both parties negotiate in good faith for 20 business days.
- Mediation. If unresolved, either party may refer it to mediation in Sydney, costs shared equally, before commencing proceedings.
- Courts. Nothing above prevents either party seeking urgent interlocutory relief, or you approaching NSW Fair Trading, the ACCC or the OAIC. We will not treat you approaching a regulator as a breach of this agreement.
This agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
General
The standard machinery. Nothing hidden in here.
Entire agreement. These terms, your subscription order and the documents incorporated by reference are the whole agreement, and replace earlier discussions. This does not exclude liability for misleading or deceptive conduct.
Severance. If a provision is unenforceable, it is severed and the rest continues.
Waiver. Not enforcing a right on one occasion does not waive it.
Assignment. You may not assign without our written consent, not unreasonably withheld. We may assign on a sale or restructure of our business, on terms preserving your rights, and we will tell you.
Notices. Notices to you go to your account email. Notices to us go to
[email protected] or Suite 106, Level 1, 93 George Street, Parramatta NSW 2150. Email is effective on the business day it is sent.
Force majeure. Neither party is liable for failure caused by an event beyond its reasonable control, provided it tells the other and works to resume. It does not excuse paying money already owed.
Relationship. We are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship, and neither party may bind the other.
Survival. Clauses 05, 10, 11, 12 and 13 survive termination, along with anything that by its nature should.
Versions. Superseded versions are retained and available on request.
These terms govern the contract between us. They are read with the
Privacy Policy, the
Data, Security & Privacy statement and the
AI Disclosure statement. If a clause here seems unfair, or you simply cannot work out what it means, tell us —
both are problems worth fixing, and the second one is our fault.
