Terms & Conditions
Contents
- Who we are and what you're agreeing to
- What we provide
- Onboarding and going live
- Fees, billing and term
- Your responsibilities
- Messaging, calls and consent
- Acceptable use
- Your data and confidentiality
- Third-party platforms
- What we do and don't promise
- Consumer rights and liability
- Ending the agreement
- Intellectual property
- General
1. Who we are and what you're agreeing to
These terms are between Apelix Pty Ltd (ABN 89 697 295 248) trading as Apelix ("Apelix", "we", "us") and you, the business that engages us ("you", "the client").
By signing up, paying an invoice, or letting us begin work, you agree to these terms. If someone agrees on behalf of a business, they confirm they are authorised to bind that business.
2. What we provide
We build, configure and operate lead capture and follow-up systems for your business. Depending on the plan you choose, this may include a web chat widget, missed-call text-back, an AI phone receptionist, booking and reminders, follow-up sequences, a sales pipeline, review requests and re-engagement campaigns.
What is included in each plan is set out on our pricing page and in the proposal we give you before you start. Where the two differ, the proposal applies.
We may improve or change how a feature works, provided we do not materially reduce what you have paid for during your current term.
3. Onboarding and going live
The implementation fee covers discovery, configuration, testing and launch. We aim to have you live within 10 business days of receiving everything we need from you.
That timeline depends on you providing information promptly — your services, pricing, availability, tone of voice, and access to the accounts we need. Delays in getting these from you move the go-live date.
You will have the opportunity to review and approve how the system speaks to your customers before it handles a live enquiry.
4. Fees, billing and term
- Fees are as shown on our pricing page or in your proposal, in Australian dollars, and exclude GST unless stated otherwise.
- The implementation fee is payable in full before work begins and is non-refundable once configuration has started.
- Subscription fees are billed annually in advance for a minimum term of 12 months.
- Unless cancelled under section 12, the agreement renews for a further 12 months at the rates then current. We will give you at least 30 days notice of any price change before renewal.
- If an invoice is unpaid after 14 days, we may suspend the service after giving you notice. Suspension does not reduce fees payable.
Usage. Your plan includes reasonable use of calls and messages for a business of your size. If your usage is materially higher than expected and creates significant cost for us, we will talk to you before making any change — we will not issue a surprise invoice.
5. Your responsibilities
- Give us accurate information about your services, pricing, availability and service area, and tell us when it changes. The system answers your customers based on what you tell us.
- Keep the accounts and phone numbers we rely on active and accessible to us.
- Respond to leads and bookings the system creates. We can capture and book work; we cannot do it.
- Comply with the laws that apply to your own business, including consumer law and any licensing or industry requirements.
6. Messaging, calls and consent
This section matters. Messages we send go out in your name, to your customers.
- You confirm that any contact list you give us was collected lawfully and that those people consented to being contacted, as required by the Spam Act 2003 (Cth).
- Every message we send on your behalf identifies your business and includes a way to opt out. We honour opt-outs promptly and you must not ask us to message someone who has opted out.
- Calls answered by the AI receptionist are recorded and transcribed so a booking can be made and a summary sent to you. Callers are told at the start of the call. You authorise us to do this on your behalf.
- You are responsible for the accuracy of any claim, price or promise we are instructed to make on your behalf.
7. Acceptable use
You must not use our services to send unsolicited bulk messages, to mislead or deceive, to harass anyone, to promote anything unlawful, or in any way that could put our platform accounts or phone numbers at risk of suspension.
If you do, we may suspend the service immediately and terminate the agreement.
8. Your data and confidentiality
Your data is yours. Your contact records, conversation history and bookings belong to you. We hold them to provide the service.
We handle personal information in accordance with our Privacy Policy. You are responsible for having a privacy policy of your own that covers how your customers' information is handled.
On termination, we will export your contact data to you on request within 30 days. After that we may delete it.
Each of us will keep the other's confidential information confidential and use it only for the purposes of this agreement.
9. Third-party platforms
Our services are built on third-party platforms including a CRM and automation platform, telephony and SMS carriers, artificial intelligence providers, and calendar and email services.
We choose these carefully, but we do not control them. We are not liable for outages, changes, price increases or discontinuation by those providers. If a provider materially changes or ceases a service, we will work with you to find a replacement.
10. What we do and don't promise
We will: configure the system to your business, test it before it handles a real customer, monitor it, and fix faults we are responsible for within a reasonable time.
We do not promise: a particular number of leads, bookings, reviews or sales. Results depend on your market, your pricing, your responsiveness and factors outside our control.
Automated systems are not perfect. An AI receptionist may occasionally misunderstand a caller, mishear a detail or fail to answer. We design for graceful handling — escalating to you rather than guessing — but we cannot guarantee every conversation is handled correctly.
11. Consumer rights and liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
Where we are permitted to limit our liability, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.
To the extent permitted by law, our total liability to you in any 12-month period is limited to the fees you have paid us in the preceding 12 months, and neither of us is liable for indirect or consequential loss, including loss of profit, revenue or business opportunity.
12. Ending the agreement
- You may cancel at the end of your minimum term by giving us at least 30 days written notice before renewal.
- Cancelling during the minimum term means the remaining fees for that term become payable.
- Either of us may terminate immediately if the other seriously breaches these terms and does not fix it within 14 days of being told, or becomes insolvent.
- On termination we will stop the service, hand over your data under section 8, and invoice any amounts outstanding.
13. Intellectual property
We own the systems, workflows, prompts, templates and configurations we build, including anything we develop while working with you. You get a licence to use them for your business for as long as the agreement continues.
You own your brand, your content and your data. You licence us to use them as needed to deliver the service.
We may refer to you as a client and describe the results achieved, unless you tell us in writing that you would rather we did not.
14. General
- These terms are governed by the laws of New South Wales, and both of us submit to the courts of that jurisdiction.
- If there is a dispute, we both agree to raise it in writing and try to resolve it in good faith before starting legal proceedings.
- We may update these terms. If a change materially affects you, we will give you notice before it applies to your current term.
- If a clause is found to be unenforceable, the rest of these terms continue to apply.
- Neither of us is liable for failure to perform caused by events outside our reasonable control.
Apelix Pty Ltd · ABN 89 697 295 248 · New South Wales, Australia
Questions about these terms: hello@apelix.com.au