Terms of Service

These Terms of Service apply to services supplied by Safe Working Practice AU Pty Ltd, trading as SWP Australia (“we”, “us” or “our”).

ABN: 50 634 675 139

Contact: hello@swpaustralia.com.au

“You” means the individual or business purchasing our services. If you accept these terms on behalf of a business, you confirm that you are authorised to do so.

Your agreement consists of these terms and the proposal, order form or checkout details you accept (“Service Order”). The Service Order sets out your selected services, prices, inclusions and any specific conditions.

If there is an inconsistency, an expressly agreed provision in the Service Order takes precedence over these general terms. Nothing in either document excludes rights that cannot lawfully be excluded.

The agreement begins when you accept the Service Order and these terms, and we confirm your order.

Depending on your Service Order, our services may include:

• AI voice assistants and chatbots.
• Customer relationship management systems.
• Lead qualification and automated follow-up.
• Appointment and service scheduling.
• Rental enquiry and booking workflows.
• Event registration, ticketing and attendee communications.
• Social media scheduling and marketing services.
• Websites and landing pages.
• Invoicing and payment-reminder workflows.
• Review requests and reputation management.
• Configuration, onboarding, training and support.

Only services expressly included in your Service Order are included in your fees. Software capabilities shown in demonstrations do not automatically form part of your package.

Custom integrations, additional locations, advertising management and expanded workflows require agreement on scope and pricing before work begins.

You agree to provide the information and access reasonably required to implement your services, including approved business details, operating hours, service descriptions, pricing, FAQs, calendars and escalation contacts.

We will agree on implementation requirements and any target dates. Unless expressly guaranteed in your Service Order, delivery dates are estimates and depend on receiving complete information, approvals and any required third-party verification.

We will notify you of material delays and discuss a reasonable revised timetable.

You are responsible for reviewing business-specific content and participating in testing before launch. Your approval does not remove our responsibility to provide the agreed services with appropriate care and skill.

You agree to:

• Provide accurate, current information and notify us of relevant changes.
• Have authority to provide the data, content and account access you supply.
• Obtain the permissions required for your customer communications and data collection.
• Approve pricing, policies, scripts and service-specific instructions.
• Keep login credentials secure and manage authorised user access.
• Maintain current booking availability and relevant operational information.
• Provide a human contact for escalations.
• Review important outputs and act on issues brought to your attention.

You remain responsible for delivering your own goods, services, rentals and events, including the safety, licensing and operational requirements of your business.

We remain responsible for our own acts, omissions and legal obligations.

AI features can assist with enquiries, qualification, scheduling and follow-up, but may misunderstand requests or generate inaccurate information.

You must not rely on AI as the sole source of advice or decisions involving emergencies, safety, health, legal rights, credit or other high-impact matters without an expressly agreed and appropriately reviewed solution.

For SWP Australia’s own AI telephone interactions, we do not retain audio recordings, but written transcripts are saved as described in our Privacy Policy.

For systems configured for your business, recording, transcription and disclosure settings must be agreed during implementation. You must not enable recording or change collection practices without appropriate notices, permissions and legal checks.

Where an error or unsafe response is identified, both parties will cooperate to correct it and, where appropriate, pause the affected workflow.

You must not use our services to:

• Send unlawful spam or contact people contrary to their communication preferences.
• Use unlawfully obtained or harvested contact information.
• Publish deceptive advertising, fabricated testimonials or fake reviews.
• Impersonate another person or business without authority.
• Infringe intellectual property or privacy rights.
• Distribute malware, attempt unauthorised access or interfere with platform security.
• Conduct unlawful, fraudulent or abusive activities.

Marketing campaigns must use an appropriate consent basis, identify the sender and provide required opt-out facilities.

You must honour unsubscribe and do-not-disturb preferences. Where we manage these functions for you, the allocation of tasks will be set out during implementation.

Review requests must not misrepresent customer feedback or selectively direct only satisfied customers to public review platforms.

Your Service Order specifies setup fees, recurring fees, payment dates and any additional charges. Prices are in Australian dollars unless expressly stated otherwise. Applicable GST and mandatory charges will be disclosed before purchase.

Unless the Service Order states otherwise:

• Setup fees are payable before configuration begins.
• Monthly subscription billing begins when onboarding starts on the agreed commencement date.
• Subscriptions renew monthly until cancelled under these terms.
• Phone, SMS, email, AI, payment-processing and other usage charges are separate from subscription fees.

Applicable usage rates and any wallet or automatic top-up arrangements must be disclosed and accepted before they are activated.

You authorise recurring payments only for the agreed subscription and authorised usage or top-ups. Additional work requires approval before it is charged.

You can request clarification of an invoice or charge by contacting hello@swpaustralia.com.au.

Setup fees cover implementation work and commitments made for your project.

If you cancel before configuration begins, we will refund the setup fee, less any separately approved, non-recoverable costs already incurred.

If you cancel after work begins, we may retain a reasonable amount for work performed and approved, non-recoverable costs. We will refund any remaining balance and explain the calculation on request.

Change-of-mind cancellation does not remove your obligation to pay for services properly supplied or authorised usage already incurred.

These provisions do not limit any refund, cancellation or other remedy available under the Australian Consumer Law.

Advertising spend is separate from our management fees unless your Service Order expressly includes it.

We will obtain your approval for advertising budgets and material increases. Third-party charges, including ticketing, telecommunications and payment-processing costs, will be allocated as agreed.

We do not guarantee a particular number of leads, bookings, sales, reviews, attendees or search rankings. Performance depends on factors including your offer, budget, market conditions and follow-up.

This does not exclude our obligation to deliver the agreed services or honour specific commitments in your Service Order.

Our services rely on platforms such as our CRM provider, telecommunications providers, payment processors and social media services.

Relevant third-party terms will be identified or made available where they apply to your use. We do not control third-party outages, policy changes or account decisions.

We will use reasonable efforts to assist with service issues and inform you of material disruptions. We do not promise uninterrupted or error-free access unless a specific service commitment is included in your Service Order.

If a third-party change materially prevents us from providing an agreed service, we will discuss an alternative. If a reasonable alternative cannot be agreed, you may cancel the affected service and receive a proportionate refund of prepaid fees for the period we cannot supply it.

Support channels, availability and included assistance are specified in your Service Order. Access to a 24-hour AI assistant does not mean human support is available 24 hours a day.

Requests outside the agreed scope will be assessed and quoted before additional charges are incurred.

You may request changes to your package. Any changes to scope, fees or implementation dates must be agreed in writing.

You retain your rights in the data and content you provide. You authorise us to process them only as reasonably necessary to deliver the services, follow lawful instructions and meet legal obligations.

Both parties must protect confidential information and disclose it only to authorised people who need it, or where disclosure is required or permitted by law.

Our Privacy Policy describes how we handle personal information, including overseas processing and support access.

You are responsible for providing appropriate privacy notices to people whose information you collect through your systems. We will reasonably assist with relevant access, correction and privacy enquiries concerning data we handle for you.

Neither party’s responsibilities remove the other party’s independent legal obligations.

You retain ownership of your existing logos, branding, content and other materials.

We and our licensors retain ownership of pre-existing software, templates, methods, standard workflows and reusable tools.

Ownership of bespoke deliverables will be specified in the Service Order. If ownership is not expressly transferred, once the relevant fees are paid, we grant you a non-exclusive licence to use the delivered material for its agreed business purpose.

Access to hosted functionality depends on an active subscription and applicable third-party licences. A right to use delivered content does not include ownership of the underlying platform.

We will not use your name, logo or results in a public case study without permission.

Unless a different arrangement is expressly agreed, subscriptions are month-to-month and may be cancelled by emailing hello@swpaustralia.com.au with 30 days’ notice.

Cancellation takes effect 30 days after we receive your request, or on a later date you request. We will acknowledge the request and confirm the end date.

Subscription fees remain payable until that date, together with authorised usage and approved outstanding work. Any prepaid subscription amount covering time after the effective cancellation date will be refunded proportionately.

There is no separate early-termination penalty for a month-to-month subscription.

This notice requirement does not restrict any right to cancel sooner under the Australian Consumer Law or for an unremedied material breach.

If an undisputed payment is overdue, we will notify you and allow at least seven days to resolve it before suspending the affected service.

We may suspend access sooner where reasonably necessary to address an immediate security threat, unlawful activity or material risk of harm. Any suspension will be proportionate, and we will explain it as soon as reasonably practicable.

Either party may terminate for a material breach if it is not remedied within 14 days after written notice, where it is capable of remedy.

If we discontinue your service for reasons unrelated to your breach, we will normally provide at least 30 days’ notice and refund prepaid fees for services not supplied.

During your subscription and for 30 days after it ends, you may request an export of client data held in your account.

We will provide a standard export in an available, commonly used format where technically possible. This does not include third-party software, proprietary platform functions or information you are not entitled to receive.

Custom migration, rebuilding or transfer assistance will be quoted separately and requires your approval.

We will reasonably assist with requests to transfer eligible telephone numbers, domains or accounts, subject to provider rules and technical limitations.

After the export period, data may be deleted in accordance with our Privacy Policy, provider retention arrangements and applicable law. We will notify you of a shorter provider-imposed deadline if one applies.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where those guarantees apply, our services must be provided with due care and skill, be reasonably fit for an agreed purpose and be delivered within a reasonable time where no time is agreed.

If we fail to meet an applicable guarantee, you may be entitled to remedies including rectification, cancellation, a refund or compensation, depending on the circumstances.

Subject to those rights, each party is responsible for loss to the extent caused by its breach, negligence or unlawful conduct. Neither party is responsible to the extent the other party caused or contributed to the loss.

Both parties must take reasonable steps to minimise loss. References to AI limitations or third-party providers do not excuse our own failure to meet contractual or legal obligations.

We may propose changes for genuine operational, legal or service-related reasons.

For changes that materially disadvantage you, including subscription price increases, we will provide at least 30 days’ written notice. You may cancel before the change takes effect without a penalty or having to complete an additional notice period.

Changes do not apply retrospectively to completed work or accrued rights. Agreed fixed-price projects will not increase without your approval.

Where an urgent legal or security change is necessary, we may act sooner, explain the reason and preserve any applicable cancellation or refund rights.

Contact hello@swpaustralia.com.au with details of any complaint or dispute.

We will investigate and aim to respond within 30 days. Both parties agree to make reasonable efforts to resolve disputes through discussion.

If a dispute remains unresolved, the parties may agree to mediation. Neither party is prevented from contacting a regulator, bringing proceedings in an appropriate tribunal or court, or seeking urgent relief.

These terms are governed by the laws of Western Australia and applicable Commonwealth laws.

The parties submit to the non-exclusive jurisdiction of Western Australian courts, without limiting any mandatory right to bring a claim elsewhere.