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Terms of Service

Last updated: 1 January 2024

1. Agreement to Terms

By accessing our website www.localvoiceagents.com.au or using our AI voice agent services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you ("Client", "you", "your") and Local Voice Agents, operated by WiseCloud (ABN 94 649 433 974), located at 1/66 Appel St, Surfers Paradise QLD 4217 ("we", "our", "us").

2. Services Description

Local Voice Agents provides AI-powered voice agent services for businesses, including but not limited to:

  • Automated call answering and handling
  • Appointment scheduling and management
  • Lead qualification and capture
  • Call transcription and summaries
  • CRM and calendar integrations
  • SMS and email notifications

Our AI voice agents are designed to assist with phone call management but are not a replacement for emergency services, legal advice, medical advice, or any other professional service.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into a binding agreement
  • Be a registered business operating within Australia (for business services)
  • Provide accurate and complete information during registration

4. Account and Setup

Upon signing up for our Services:

  • We will configure and train an AI voice agent tailored to your business needs based on the information you provide
  • You are responsible for providing accurate business information, FAQs, booking rules, and any other relevant details
  • You are responsible for setting up call forwarding from your phone system to our service
  • Setup is typically completed within 48 hours of receiving all required information

5. Pricing and Payment

5.1 Subscription Plans

Our Services are offered on a month-to-month subscription basis. Current pricing is available on our website and is subject to change with 30 days' written notice.

5.2 Payment Terms

  • All prices are in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated
  • Payment is due at the beginning of each billing cycle
  • We accept payment via credit card, direct debit, or bank transfer
  • Failed payments may result in suspension of Services

5.3 Overages

If your usage exceeds the call limits included in your plan, additional calls will be charged at the applicable overage rate as outlined in your service agreement.

5.4 Refunds

Subscription fees are generally non-refundable. However, if you are unsatisfied with our Services within the first 14 days, you may request a full refund by contacting us.

6. No Lock-In Contract

Our Services operate on a month-to-month basis with no lock-in contracts. You may cancel your subscription at any time by providing written notice. Cancellation will take effect at the end of the current billing period.

7. Your Responsibilities

As a Client, you agree to:

  • Provide accurate and up-to-date business information for AI agent training
  • Notify us promptly of any changes to your business hours, services, or booking availability
  • Comply with all applicable Australian laws and regulations, including the Telecommunications Act 1997, Spam Act 2003, and Privacy Act 1988
  • Obtain any necessary consents for call recording from your customers where required by law
  • Not use our Services for any unlawful, fraudulent, or harmful purpose
  • Not attempt to reverse engineer, copy, or replicate our AI technology or systems

8. Call Recording and Data

By using our Services, you acknowledge and agree that:

  • Calls handled by our AI agents may be recorded and transcribed
  • Call data will be processed and stored in accordance with our Privacy Policy
  • You are responsible for informing your customers that calls may be handled by an AI agent and may be recorded, where required by applicable law
  • We retain call data for the duration of your subscription and for a reasonable period thereafter, unless you request earlier deletion

9. Service Availability

While we strive to provide 24/7 service availability, we do not guarantee uninterrupted service. Our Services may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide reasonable notice where possible)
  • Technical issues or outages beyond our control
  • Third-party service provider disruptions
  • Force majeure events

We will use commercially reasonable efforts to restore service as quickly as possible in the event of any disruption.

10. AI Limitations

You acknowledge that:

  • Our AI voice agents use advanced technology but may not handle every call scenario perfectly
  • The AI agent may occasionally misunderstand or misinterpret caller requests
  • We continuously improve our AI technology but cannot guarantee 100% accuracy
  • Our AI agents are not a substitute for professional advice (legal, medical, financial, or otherwise)
  • You should have fallback procedures in place for complex or sensitive calls

11. Intellectual Property

All intellectual property rights in our Services, including our AI technology, software, website content, branding, and documentation, remain our exclusive property. You are granted a limited, non-exclusive, non-transferable licence to use our Services for the duration of your subscription.

You retain ownership of your business data, including customer information and call recordings specific to your account.

12. Limitation of Liability

To the maximum extent permitted by Australian law:

  • Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the total fees paid by you in the 3 months preceding the claim
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
  • We are not liable for any losses arising from the AI agent's handling of calls, including missed appointments, incorrect information provided to callers, or lost business opportunities

Nothing in these Terms excludes or limits our liability for any liability that cannot be excluded or limited under Australian Consumer Law.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our Services
  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Any third-party claims related to information provided by your AI agent on your behalf

14. Termination

We may suspend or terminate your access to our Services if:

  • You breach any provision of these Terms
  • Your payment is overdue by more than 14 days
  • You use our Services for unlawful purposes
  • Continued provision of Services would expose us to legal liability

Upon termination, we will provide you with access to your data for a period of 30 days, after which it may be permanently deleted.

15. Dispute Resolution

Any disputes arising from these Terms shall be:

  • First attempted to be resolved through good faith negotiation between the parties
  • If unresolved within 30 days, submitted to mediation administered by a mutually agreed mediator in Queensland, Australia
  • If mediation is unsuccessful, the dispute may be submitted to the courts of Queensland, Australia

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through our website with at least 30 days' notice. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

Local Voice Agents (a WiseCloud company)

📍 1/66 Appel St, Surfers Paradise QLD 4217

📞 1300 321 083

📧 service@wisecloud.com.au

© 2024 Local Voice Agents. All rights reserved. A WiseCloud company.