Clear Terms,
No Guesswork

1. About These Terms

These Terms of Service (“Terms”) govern the services provided by Smart Business Systems (“we”, “us”, “our”) to you (“Client”, “you”).

By engaging our services, paying an invoice, subscribing to a plan, or using any system we provide, you agree to be bound by these Terms.

If you do not agree, you must not use our services.

2. Services Overview

We provide business systems and digital services, which may include:

• website creation or updates
• lead capture and enquiry handling
• booking and scheduling systems
• CRM configuration
• SMS, email, and call workflows
• optional AI-powered chat and call handling
• ongoing system management where applicable

The exact scope of services depends on the plan selected, any proposal or invoice, and any written agreement between us.

3. What We Do Not Provide

Unless explicitly agreed in writing, we do not provide:

• guaranteed leads, sales, or revenue
• marketing performance guarantees
• legal, financial, medical, or compliance advice
• 24/7 human availability
• emergency or after-hours support

You acknowledge that business outcomes depend on many factors outside our control.

4. Plans, Fees and Payments

4.1 Fees

Your fees may include one-off setup fees, monthly subscription fees, annual subscription fees where chosen, and usage-based charges such as SMS, calls, or AI usage.

All fees are disclosed before billing.

4.2 Payments

• Payments are processed via Stripe or another approved payment provider.
• Subscriptions are billed automatically on a recurring basis according to the plan selected.
• You authorise us to charge your payment method accordingly.

4.3 Failed Payments and Service Suspension

If a payment fails, we may send notice by email, SMS, or both using the contact details you have provided.

You are responsible for communicating with us promptly about the issue and your expected payment timing.

If payment is not resolved within the applicable paid period or any discretionary grace period we allow, we may suspend services, disable access, or terminate the service.

5. Usage-Based Costs

Certain features incur variable third-party costs, including but not limited to SMS messages, phone call minutes, AI website chat, and AI voice or call assistant usage.

You acknowledge that:

• usage-based charges are not fixed
• costs are billed based on actual usage
• no refunds are available for usage already incurred

We may apply usage caps, alerts, pauses, or similar controls to help reduce the risk of unexpected charges.

6. Support Policy

Support is provided according to your plan and is subject to defined boundaries.

6.1 Support Channels

Primary support is provided via email or ticket-based systems. Phone or video support is only included where explicitly stated.

6.2 Response Times

Response times are targets, not guarantees, and apply during business hours only.

6.3 Included vs Billable Support

Support includes assistance with delivered systems and fault resolution. New features, redesigns, new integrations, consulting, extra training, and urgent or after-hours requests are not included unless expressly agreed and may be billable.

7. Change Requests

Any request that alters scope, functionality, logic, structure, or deliverables is considered a Change Request.

• Change Requests require approval before work begins.
• They may be billed hourly, as a fixed fee, or via pre-purchased support blocks.
• They are not commenced without confirmation.

8. AI Services Disclaimer

Some services may use artificial intelligence (“AI”).

You acknowledge that:

• AI outputs are probabilistic and may be inaccurate or incomplete
• AI responses may change over time
• AI should not be relied upon as professional advice

You remain responsible for business decisions, compliance obligations, and final approval of workflows, scripts, and system behaviour.

We reserve the right to modify, restrict, pause, or disable AI features to manage risk, quality, or cost.

9. Client Responsibilities

You agree to:

• provide accurate and up-to-date information
• maintain required customer consents and permissions
• review and approve system behaviour where requested
• notify us of changes to your business, including hours, services, pricing, and service areas

We are not responsible for issues arising from incomplete, outdated, or incorrect information you provide.

10. Messaging and Compliance

You are responsible for ensuring compliance with applicable laws and rules regarding SMS, email marketing, customer communications, contact consent, and any messaging lists or contact data you provide.

You indemnify us against claims arising from lists you provide, instructions you give, or non-compliant messaging initiated on your behalf or at your direction.

We may suspend messaging-related services if we reasonably believe compliance risks exist.

11. Data and Privacy

We handle personal data in accordance with our Privacy Policy.

Upon termination, access to systems may be revoked and data may be deleted after a reasonable period, subject to operational, legal, backup, or compliance requirements.

We are not responsible for outages, interruptions, or breaches involving third-party platforms outside our reasonable control.

12. Cancellation, Suspension and Termination

12.1 Monthly Plans

Monthly plans may be cancelled at any time with no exit fee.

Where a monthly plan is cancelled, service access will generally continue until the end of the already-paid billing period unless we agree otherwise in writing.

12.2 Annual Plans

Annual plans are discounted commitments and, once commenced, are non-refundable except where required by law.

12.3 Suspension or Termination by Us

We may suspend or terminate services immediately if:

• payments are overdue
• these Terms are breached
• legal, regulatory, or compliance risks arise
• abuse or misuse of services occurs

Fees already paid are non-refundable unless required by law.

13. Limitation of Liability

To the maximum extent permitted by law:

• our liability is limited to the fees paid by you in the previous three months
• we are not liable for indirect, incidental, special, or consequential loss, including lost profits or lost opportunities
• we are not liable for third-party services, outages, or AI behaviour outside our reasonable control

Nothing in these Terms excludes or limits rights that cannot be excluded under Australian Consumer Law.

14. Indemnity

You indemnify us against claims, losses, liabilities, and costs arising from content you provide, your business operations, breaches of law or consent, or misuse of the systems.

15. Intellectual Property

Unless otherwise agreed:

• we retain ownership of templates, systems, workflows, documentation, and tools we create or provide
• you receive a licence to use the delivered systems for your own business during the applicable service term
• you may not resell, sublicense, copy for resale, or reverse engineer our systems except where the law clearly permits it

16. Changes to These Terms

We may update these Terms from time to time.

Changes may be communicated by email, through our website, or both. Continued use of services after updated Terms are published constitutes acceptance of the revised Terms.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes are subject to the courts of New South Wales, Australia.

18. Contact Details

Smart Business Systems
ABN: 48540052809
Email: [email protected]