1. Acceptance of Terms

By using our website and services, you confirm that you have read, understood, and agreed to these Terms. We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated revision date. Your continued use of the website or services after any changes constitutes your acceptance of those changes.

2. Eligibility

You must be at least 18 years of age and operating a registered Australian business to use our services. By engaging Promptly Managed, you represent and warrant that you have the legal authority to enter into a binding agreement on behalf of your business.

3. Services Provided

Promptly Managed provides AI-powered lead management services built exclusively for pest control businesses. Our services include, but are not limited to:

- AI-powered SMS text-back and missed call follow-up

- After-hours lead capture and automated enquiry responses

- Zone-based scheduling and calendar booking automation

- CRM integration and lead pipeline management

- Automated follow-up and nurture sequences

- Website chat widgets for lead capture

- Custom AI workflow design and deployment

- The specific scope of services for each client is defined in the individual service agreement or proposal provided prior to commencement. - Any services not explicitly included in your agreement are outside the scope of engagement.

4. Account and Access

To receive our services, you may be required to provide access to third-party platforms including your CRM, telephony provider, website, or other business tools. You are responsible for maintaining the security of your own account credentials and for ensuring that the information you provide to us is accurate and current. You are responsible for all activity that occurs under your accounts.

5. Intellectual Property

All content on the Promptly Managed website, including text, graphics, logos, images, and software, is owned by Promptly Managed or its licensors and is protected by Australian and international copyright laws.

AI automation workflows, bot configurations, conversational logic, and prompt designs created by Promptly Managed as part of service delivery remain the intellectual property of Promptly Managed unless otherwise agreed in writing. The data generated through your use of the system (including conversation logs, lead records, and booking data) remains your property.

You may not copy, modify, distribute, reverse-engineer, or create derivative works based on any Promptly Managed content, workflows, or configurations without our express written consent.

6. AI Services and Automation Disclaimer

Our AI-powered automation tools are designed to assist with lead capture, follow-up, and appointment booking for your pest control business. While we build and optimise these systems for accuracy and reliability, you acknowledge that:

- AI-generated responses are based on the information, service details, pricing, and business rules you provide during onboarding. You are responsible for ensuring this information is accurate and up to date.

- During the setup phase, you will review and approve the messaging framework, tone, and response logic before the system goes live. Once approved, individual automated messages are sent without prior review, which is fundamental to the real-time nature of the service.

- AI responses may occasionally contain errors or produce unexpected outputs. We monitor system performance and make ongoing adjustments, but we cannot guarantee that every response will be error-free.

- We do not guarantee specific outcomes from the use of our services, including but not limited to: lead conversion rates, response rates, booking rates, appointment show rates, cost per lead, revenue results, or return on investment (ROI). Results depend on factors including lead quality, your responsiveness to booked appointments, the quality of your sales process, and the competitiveness of your local market.

- By approving the messaging framework, conversational logic, and response rules during the setup phase, you accept responsibility for the outcomes produced by those approved configurations. Promptly Managed is not liable for results arising from configurations, business rules, or information that you have reviewed and approved.

- Our services are not a substitute for professional advice, including legal, financial, medical, or accounting advice.

- AI performance may vary depending on the quality and completeness of the business information, knowledge base content, and configuration details you provide.

7. Client Responsibilities

By engaging our services, you agree to:

-Provide accurate and complete business information during onboarding, including service areas, pricing, availability, and any restrictions relevant to your operations.

- Notify us promptly of any changes to your business information that may affect the accuracy of automated responses (such as changes to service areas, pricing, or trading hours).

- Respond to booked appointments and qualified leads in a timely manner. The AI system captures and qualifies leads, but you remain responsible for answering calls, managing your sales process, and closing jobs.

- Not use our AI services to send spam, unsolicited messages, or engage in deceptive or misleading practices.

- Not attempt to reverse-engineer, decompile, or extract the underlying AI models, prompts, or conversational logic used in your system.

- Not use AI-powered communications to misrepresent the identity of the sender or to impersonate a human where disclosure of AI use is required.

- Comply with all applicable Australian legislation, including the Spam Act 2003, the Privacy Act 1988, and relevant telecommunications regulations.

- Inform your end customers that they may be interacting with an AI-powered system where required by law or best practice.

- Promptly Managed is not liable for any fines, penalties, legal claims, or regulatory action arising from your failure to comply with applicable legislation, including but not limited to breaches of the Spam Act 2003, the Privacy Act 1988, the Australian Consumer Law, or telecommunications regulations. This includes, without limitation, liability arising from the use of non-compliant contact lists, failure to obtain required consents, or misuse of automated messaging services.

8. Data Handling and Processing

By using our services, you acknowledge that:

- Customer interactions with AI-powered systems (including SMS conversations and chat widget exchanges) may be recorded and stored for the purposes of quality assurance, system optimisation, and performance reporting.

- Conversation data is used exclusively to optimise and improve the performance of your specific system. We do not use your customer data to train third-party AI models or for any purpose unrelated to your service delivery.

- We may review anonymised and aggregated interaction patterns across our client base to improve our overall service methodology. No personally identifiable information is included in this analysis.

- You are responsible for informing your end users that they may be interacting with an AI-powered system and for obtaining any necessary consents required under the Privacy Act 1988 and the Australian Privacy Principles.

- For full details on how we collect, use, and protect personal information, please refer to our Privacy Policy at promptlymanaged.com.au/privacy-policy.

9. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is available at promptlymanaged.com.au/privacy-policy. Please review our Privacy Policy to understand how we collect, use, store, and protect your personal data and the data of your customers.

10. Payments and Billing

Payment terms are outlined in your individual service agreement. The following general terms apply:

- Setup fees are due prior to commencement of work and are non-refundable once the build phase has begun, as they cover the time and resources invested in designing and configuring your custom system.

- Ongoing monthly retainer fees are billed in advance on a recurring basis as outlined in your service agreement.

- All prices are quoted in Australian dollars (AUD) and are exclusive of GST unless otherwise stated.

- We reserve the right to suspend or deactivate services, including any active AI automations, if payment is not received within 14 days of the due date.

- No partial refunds are provided for unused time within a billing period.

- Cancellation terms, including minimum engagement periods and notice requirements, are specified in your individual service agreement.

11. Third-Party Platform Costs

Our services are delivered through a combination of platforms and tools, some of which incur usage-based or subscription costs. Unless explicitly stated otherwise in your service agreement, the client is responsible for all third-party platform costs associated with the operation of their system, including but not limited to:

- SMS and messaging costs (such as Twilio or equivalent provider charges, billed per message sent and received).

- CRM platform subscription fees (such as GoHighLevel or equivalent).

- Telephony and phone number costs.

- Any additional AI processing fees charged by third-party platforms.

--We will advise you of expected third-party costs during the proposal and onboarding stages. However, actual costs may vary depending on message volume, lead activity, and platform pricing changes. You are responsible for maintaining active accounts and subscriptions with any required third-party providers for the duration of our engagement.

12. Support and Response Times

Ongoing support is provided as part of your monthly retainer. The following support parameters apply unless otherwise agreed in your service agreement:

Support is available Monday to Friday during standard Australian business hours (9:00 AM to 5:00 PM AEST/AEDT), excluding public holidays.

We aim to respond to support enquiries within one (1) business day.

Urgent issues affecting live system functionality (such as a bot going offline or messages failing to send) will be prioritised and addressed as quickly as reasonably possible.

Support requests should be submitted via email to [email protected] or through any other support channel specified in your service agreement.

Support does not include requests that fall outside the scope of the original service agreement. See Section 13 (Change Requests) for additional work.

13. Change Requests and Additional Work

Your service agreement defines the scope of your initial system build and ongoing management. Any requests for work beyond the agreed scope are considered change requests. This includes, but is not limited to:

- New automation workflows or bot configurations not included in the original build.

- Significant changes to existing messaging logic, service areas, or scheduling rules beyond routine updates.

- Integration with additional platforms or tools not specified in the original agreement.

- Custom reporting, analytics, or dashboard builds.

- Change requests will be assessed, quoted, and agreed upon in writing before any additional work commences. Routine updates to business information (such as updated pricing, changed trading hours, or adjusted service areas) are included as part of your ongoing retainer and are not considered change requests.

14. Service Level and Uptime

While we make every effort to maintain high availability of our AI automation services, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party platform outages (including CRM, telephony, and messaging providers), and unforeseen technical issues may result in temporary service disruptions. We will make reasonable efforts to notify you of planned downtime in advance and to resolve unplanned outages as quickly as possible.

15. Limitation of Liability

To the maximum extent permitted by Australian law, Promptly Managed is not liable for any indirect, incidental, special, or consequential damages arising from your use or inability to use our website or services. This includes, but is not limited to, loss of data, loss of profits, loss of leads, missed appointments, inaccurate AI-generated responses, or other damages.

Our total aggregate liability for any claim arising from the use of our website or services shall not exceed the total fees paid by you to Promptly Managed in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded by agreement.

16. Third-Party Integrations and Platforms

Our services rely on and integrate with third-party platforms, including but not limited to CRM systems, telephony providers, SMS gateways, and messaging platforms. We do not control the availability, functionality, or terms of these third-party services and are not responsible for any damages, losses, or service interruptions arising from their use, downtime, or changes to their terms or functionality.

17. Indemnity

You agree to indemnify and hold harmless Promptly Managed, its directors, employees, contractors, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of our website or services, your violation of these Terms, the accuracy of information you provide for use in automated communications, or your infringement of any third-party rights.

18. Termination

Either party may terminate the service agreement by providing written notice in accordance with the notice period specified in the individual service agreement (minimum 30 days unless otherwise agreed).

We reserve the right to suspend or terminate your access to services immediately and without notice in cases of material breach of these Terms, non-payment beyond 14 days, or use of our services for unlawful purposes. Upon termination:

- Any active AI automations deployed on your behalf will be deactivated.

- You will retain ownership of your customer data, including conversation logs and lead records. We will provide a reasonable period (30 days from termination) for you to request export of your data.

- AI workflow configurations, prompt designs, and bot logic created by Promptly Managed remain our intellectual property and are not transferable.

- Any outstanding fees for services rendered up to the date of termination remain payable.

19. Cooling-Off Period

If you are a new client, you have the right to cancel your service agreement within seven (7) days of signing, provided that the build phase has not yet commenced. If the build has commenced within this period at your request, the setup fee is non-refundable to the extent of work already completed.

20. Case Studies and Testimonials

By engaging our services, you grant Promptly Managed permission to use anonymised performance data, results, and general descriptions of the work performed for the purpose of case studies, testimonials, and marketing materials. This may include metrics such as response times, lead conversion improvements, and system performance data.

We will not use your business name, logo, or any identifying details in public-facing marketing materials without your prior written consent. You may withdraw consent for the use of identifying details at any time by notifying us in writing.

21. Dispute Resolution

In the event of a dispute arising from these Terms or the services provided, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation before pursuing formal legal proceedings.

22. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party. This includes, but is not limited to: natural disasters, acts of government, internet or telecommunications infrastructure failures, power outages, third-party platform outages or shutdowns, cyberattacks, pandemics, or any other event that could not have been reasonably foreseen or prevented.

In the event of a force majeure occurrence, the affected party will notify the other party as soon as practicable and will use reasonable efforts to resume performance of their obligations.

23. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under these Terms that cannot be resolved through negotiation or mediation shall be subject to the jurisdiction of the courts of New South Wales.

24. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions will remain in full effect.

25. Entire Agreement

These Terms, together with your individual service agreement, any project agreement or proposal, and our Privacy Policy, constitute the entire agreement between you and Promptly Managed in relation to the services described.

26. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Promptly Managed

Website: promptlymanaged.com.au

Email: [email protected]