Terms
Terms of Service
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These Terms of Service govern access to and use of the TradeComms website, platform, AI call-handling service and related services.
By creating an account, subscribing to TradeComms or using the service, you agree to these Terms.
1. About TradeComms
TradeComms provides AI-assisted services that may include unanswered-call and missed-call handling, AI receptionist conversations, call transcription, call summarisation, lead capture, customer enquiry records, owner notifications and related business communication tools.
The exact features available depend on the selected plan, configuration and any separately agreed service terms.
TradeComms is a technology service. It is not an emergency service, a licensed trade contractor, a professional adviser, or a substitute for the customer's staff, judgment or operational procedures.
2. Eligibility and Account Authority
- be at least 18 years old;
- have legal capacity to enter into these Terms;
- have authority to act for the relevant business;
- provide accurate account and business information.
TradeComms may refuse, suspend or cancel an account where these requirements are not met.
3. Customer Responsibilities
- maintaining accurate business details;
- maintaining accurate call-handling instructions;
- keeping account credentials secure;
- limiting access to authorised users;
- reviewing leads, summaries, transcripts and notifications;
- returning customer calls and managing enquiries;
- independently confirming important caller information;
- maintaining all required licences, registrations, qualifications and insurance;
- complying with applicable privacy, surveillance, telecommunications, consumer and industry laws;
- maintaining appropriate emergency and business-continuity procedures.
The customer remains responsible for the services it provides to its callers and customers.
4. AI Limitations
TradeComms uses artificial intelligence and automated systems.
AI-generated conversations, transcripts, summaries, classifications and lead details may be inaccurate, incomplete, delayed, misunderstood, incorrectly classified, or affected by background noise, accents, speech quality, connection quality or caller behaviour.
Customers must independently verify important information before acting on it, including names, telephone numbers, addresses, job descriptions, safety information, urgency, dates and times, appointment requests and commercial commitments.
TradeComms does not guarantee that AI-generated information will be complete or error-free.
5. Call-Handling Authority
Unless expressly configured and supported, TradeComms is not authorised to provide binding quotations, agree to contract terms, confirm final appointments, guarantee attendance or availability, provide technical or safety advice, accept liability on behalf of the customer, or make legally binding commitments for the customer.
The customer is responsible for defining the authority granted to the AI receptionist and reviewing its configured instructions.
6. Call Recording, Transcription and AI Disclosure
TradeComms may provide tools that answer, transcribe, summarise or record calls.
The customer is responsible for determining which features may lawfully be used, configuring recording settings, ensuring required notices or disclosures are provided, obtaining consent where required, and ensuring its privacy documentation accurately describes its use of TradeComms.
Applicable requirements may differ between Australian states and territories and between different types of calls.
TradeComms does not provide legal advice about call recording or consent.
7. Emergency and High-Risk Use
TradeComms is not an emergency service and must not be relied upon as the sole method for identifying, handling or escalating emergencies.
Customers must not use TradeComms as the sole communication system where a delay, omission or error could reasonably cause death or personal injury, serious property damage, environmental harm, failure of an essential service or another material safety risk.
TradeComms may direct callers to emergency services where configured or considered appropriate, but does not guarantee that an emergency will be identified or escalated correctly.
8. Acceptable Use
- for unlawful, fraudulent or deceptive activity;
- to impersonate another person or business without authority;
- to harass, threaten, abuse or discriminate against callers;
- to collect information without an appropriate legal basis;
- to transmit malware or malicious code;
- to interfere with platform security or availability;
- to probe, scan or test the platform without written authority;
- to reverse engineer or reproduce protected platform functionality except where legally permitted;
- to infringe privacy, confidentiality, intellectual property or other rights;
- for emergency-only or other prohibited high-risk workflows;
- in a way that causes unreasonable telecommunications, platform or infrastructure load.
9. Plans, Usage and Charges
Subscription pricing, included call minutes, extra-minute rates, usage limits and plan features are displayed during signup or otherwise agreed with TradeComms before activation.
Unless otherwise stated during signup, fees are stated in Australian dollars, GST will be dealt with as shown during checkout or invoicing, subscription fees are charged in advance, usage charges may be calculated after the relevant usage occurs, customers are responsible for charges incurred through their account, and plan limits reset according to the applicable billing cycle.
If the website, checkout and these Terms conflict on pricing, TradeComms will use consistent wording across the website and legal pages. This policy does not invent a priority rule.
10. Automatic Renewal and Cancellation
Where a subscription automatically renews, the renewal frequency, price and cancellation method must be clearly disclosed during signup.
A customer may cancel using the available account settings or billing portal where available, or by contacting TradeComms.
Unless otherwise stated during signup, cancellation takes effect at the end of the current paid billing period, the customer may continue using the paid service until that date, no further recurring subscription charge will be made after cancellation takes effect, and usage charges incurred before cancellation remain payable.
Customers retain any refund or cancellation rights that cannot legally be excluded.
11. Trials, Credits and Promotions
TradeComms may offer trials, credits, discounts or promotional plans.
Any additional conditions will be disclosed with the applicable offer.
Unless otherwise stated, promotional benefits are not transferable, unused promotional credits are not redeemable for cash, trial functionality or usage may be limited, and a paid subscription will begin only in accordance with the disclosures accepted during signup.
12. Service Availability and Changes
TradeComms aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.
The service may be affected by telecommunications failures, internet outages, cloud-hosting failures, third-party AI or speech-service outages, maintenance, software defects, incorrect customer configuration, or events outside TradeComms' reasonable control.
TradeComms may make reasonable changes to the platform, provided those changes do not remove paid core functionality without appropriate notice, remedy or adjustment.
13. Telephone Numbers and Call Routing
Where TradeComms provides, assigns or connects telephone numbers or call-routing services, availability may depend on telecommunications providers, numbers may be subject to provider rules, identity requirements and regulatory requirements, TradeComms does not guarantee permanent ownership or portability of a number unless expressly agreed, customers are responsible for correctly configuring forwarding and routing, and carrier and forwarding charges imposed by the customer's telecommunications provider remain the customer's responsibility.
14. Third-Party Services
TradeComms relies on third-party providers for functions such as telecommunications, hosting, artificial intelligence, speech processing, payments, authentication and notifications.
Third-party outages or changes may affect the service.
TradeComms remains responsible for obligations that cannot legally be excluded and will take reasonable steps to manage providers and restore affected service.
15. Customer Data
As between TradeComms and the customer, the customer retains its rights in its business information, call-handling instructions, customer enquiry information and other data it submits to the service.
The customer grants TradeComms a non-exclusive right to process this information only as reasonably required to provide and support the service, operate and secure the platform, process calls and enquiries, comply with legal obligations, investigate misuse, and improve reliability and performance using aggregated or de-identified information.
16. Privacy
TradeComms handles personal information in accordance with its Privacy Policy.
Customers must also maintain their own appropriate privacy notices and practices when using TradeComms to process caller information.
17. Confidentiality
Each party must take reasonable steps to protect confidential information received from the other party.
This obligation does not apply to information that is publicly available other than through a breach, was already lawfully known, is independently developed, is lawfully received from another source, or must be disclosed by law.
TradeComms may disclose confidential information to service providers that require it to provide the service and are subject to appropriate confidentiality obligations.
18. Intellectual Property
TradeComms owns or licenses the platform, software, workflows, designs, website content, branding and related intellectual property.
Subject to these Terms and payment of applicable fees, TradeComms grants the customer a limited, non-exclusive, non-transferable right to use the service for its internal business operations during the subscription period.
The customer must not resell or sublicense the platform without written permission, copy or reproduce substantial parts of the platform, remove ownership notices, use TradeComms branding without authority, or attempt to obtain source code except where legally permitted.
19. Feedback
A customer may provide suggestions or feedback about TradeComms.
TradeComms may use that feedback to improve the platform without payment or obligation, but this does not transfer ownership of the customer's confidential information or customer data.
20. Suspension
TradeComms may suspend access where reasonably necessary because fees are overdue, the account presents a security risk, the service is being used unlawfully, the customer materially breaches these Terms, the customer's use threatens the platform or other users, or suspension is required by law or a service provider.
Where reasonably practicable, TradeComms will provide notice and an opportunity to remedy the issue before suspension.
Immediate suspension may occur where delay would create material legal, security or operational risk.
21. Termination
The customer may terminate the service by cancelling its subscription.
TradeComms may terminate an account for a material breach that is not remedied within a reasonable period after notice, immediately for fraud, serious unlawful conduct or material security risk, or where TradeComms permanently discontinues the service, subject to reasonable notice and any applicable refund obligations.
Termination does not remove rights or payment obligations that arose before termination.
22. Effect of Termination
After termination, access to the platform may cease, AI call handling and notifications may stop, outstanding fees and usage charges remain payable, customer data will be handled in accordance with the Privacy Policy, and provisions intended to survive termination continue to apply.
23. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010, the Australian Consumer Law or other applicable law.
Where TradeComms is permitted to limit its liability for a failure to comply with a statutory guarantee, its liability is limited, at TradeComms' option, to supplying the affected services again or paying the reasonable cost of having the affected services supplied again.
24. Liability
To the maximum extent permitted by law, TradeComms is not liable for indirect or consequential loss that was not reasonably foreseeable, including loss arising from a caller providing incorrect information, an inaccurate transcript or AI summary, a missed or delayed notification, the customer failing to review or respond to a lead, the customer's incorrect configuration, or use of the service contrary to these Terms.
TradeComms does not exclude liability that cannot legally be excluded.
25. Customer Responsibility for Claims
The customer is responsible for losses or third-party claims to the extent caused by the customer's unlawful use of TradeComms, inaccurate or unlawful instructions supplied by the customer, the customer's failure to provide legally required notices, the customer's misuse of caller information, or the customer's infringement of another person's rights.
26. Force Majeure
Neither party is responsible for delay or failure caused by events outside its reasonable control, except that this does not excuse payment obligations for services already supplied.
The affected party must take reasonable steps to reduce the impact and resume performance.
27. Changes to These Terms
TradeComms may update these Terms for legal, security, technical or operational reasons.
Where a change materially affects an existing paid customer, TradeComms will provide reasonable notice before the change takes effect, unless an urgent legal or security issue requires an earlier change.
Continued use after the effective date constitutes acceptance where legally permitted.
28. Notices and Electronic Communications
TradeComms may provide account and service notices through email, the TradeComms platform, or another contact method associated with the account.
Customers are responsible for keeping their contact information current.
29. Assignment
The customer must not transfer its account or agreement without TradeComms' consent, which must not be unreasonably withheld.
TradeComms may transfer its rights and obligations as part of a corporate restructure, financing, merger or sale of the business, provided this does not materially reduce the customer's rights.
30. Severability
If part of these Terms is invalid or unenforceable, the remaining provisions continue to apply.
31. No Waiver
A failure or delay in enforcing a right does not waive that right.
32. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the courts of Queensland and courts entitled to hear appeals from them.
33. Contact
Questions about these Terms may be submitted using the contact form on the TradeComms website.
