Terms of Service

These Terms of Service ("Terms") govern the use of QuoteBack by businesses. Please read them carefully. Schedule 1 (Data Handling) forms part of these Terms.

1. Definitions #

In these Terms:

• "QuoteBack", "we", "us" and "our" means Kyan Harper Kemp-Laundy, trading as QuoteBack (ABN 32 191 945 064), South Australia;
• "Business", "you" and "your" means the business that signs up to use the Service;
• "Service" means the QuoteBack software, the QuoteBack app, the phone number we provide and related support;
• "Customer" means a person who calls or texts your business;
• "Order Form" means a signed order form setting out your plan, fees and term;
• "Pilot Agreement" means a signed agreement for a free trial of the Service.

2. Agreement #

2.1 You accept these Terms by tapping Create when signing up in the QuoteBack app, or by signing a Pilot Agreement or Order Form that refers to them. We record the version accepted, the time, the internet address and the app or browser used.

2.2 The person accepting confirms that they are authorised to accept these Terms for the Business.

2.3 Our Privacy Policy, at quoteback.co/privacy, explains how we handle personal information. It is not part of these Terms.

2.4 If these Terms, an Order Form, Schedule 1 and a Pilot Agreement conflict, the following order applies: the Order Form, for plan, fees and term; a Pilot Agreement, during the pilot; Schedule 1, for Customer information; then these Terms.

3. The Service #

3.1 When a call to your business is not answered, the Service can text the caller in your business's name, ask about the job, send an estimate worked out from your price list, offer or make a booking, and pass the details to you, your team and any job management software you connect.

3.2 Your phone rings first. The Service replies only to calls you miss, or in other situations you choose.

3.3 The Service is a tool for running your business. We do not provide your trade services and are not a party to any agreement between you and your Customers.

3.4 The Service is not an emergency service. It is designed to send messages that suggest danger to you and your emergency contacts, including by phone call, but we cannot guarantee that any message is seen or acted on in time.

4. Prices, estimates and approval #

4.1 Every price the Service sends is calculated by fixed rules from your price list and settings. An artificial intelligence model reads Customers' messages, including the job details on which a price is based and whether a Customer has accepted an estimate, and helps word replies. It does not set prices.

4.2 You are responsible for your price list and settings, including rates, call-out fees, minimum charges, your automatic estimate limit, the words that must always come to you, your service area and your hours. You must check them before going live, keep them up to date, and check any price list the Service reads from an uploaded photo or file.

4.3 Estimates are sent in your business's name as estimates on your terms. You confirm the final price with the Customer.

4.4 You may choose to approve every estimate before it is sent ("approval mode"). During a pilot, approval mode is on unless you ask in writing to turn it off. Outside approval mode, estimates under your limit are sent without review.

4.5 Some enquiries are always passed to you instead of being estimated, including jobs above your limit, messages containing your nominated words, safety concerns and anything the Service cannot price confidently. You are responsible for following them up.

4.6 Automated replies can misread a message or word a reply imperfectly. Please review conversations in the app and tell us about anything that appears wrong.

4.7 If, because of a fault in the Service, an estimate or booking does not match your settings, tell us when you become aware of it. We will investigate, correct the Service and help you resolve the matter with the Customer, including by contacting the Customer if you ask.

5. Your account and team #

5.1 You must give us accurate information and keep it current.

5.2 You may add team members and emergency contacts. You must only add people who have agreed to receive sign-in codes, alerts and calls from the Service. You are responsible for what your team does in your account.

5.3 You must keep your devices and sign-in secure, including with a passcode, and tell us promptly if you suspect unauthorised access. The app keeps a copy of recent conversations on the phone until sign-out.

6. Phone numbers and messages #

6.1 We provide an Australian mobile number for your business through our telecommunications provider. The number is held in our provider account and is used only for your business while you use the Service.

6.2 You confirm that you may lawfully forward your calls to the Service, that you are entitled to use the number you forward from, and that the Service may text the people who call you.

6.3 Messages are sent in your name and on your behalf. You authorise the Service to send, as your business, the first reply to a missed call or text, the conversation that follows, and any reminders, follow-ups and review requests you enable. Each message identifies your business. Customers can reply STOP to any message, and the Service stops all automated messages to them from your number and tells you. You must not market to a Customer who has opted out unless they agree.

6.4 You are responsible for message content you write or approve, and for enabling only message types you are entitled to send under the Spam Act 2003 (Cth).

6.5 If the law requires your licence number in advertising or quotes, you must give it to us and we will include it in your estimates. You are responsible for the rules that apply to your trade, including any written contract your state requires for larger jobs, which the Service does not prepare.

6.6 Telecommunications networks are operated by others. Messages may occasionally be delayed or fail.

7. Connected software #

If you connect job management software such as ServiceM8, you authorise us to create and update customers and jobs in it for you. That software is provided under its own terms, and you may disconnect it at any time.

8. Customer information #

8.1 Information about your Customers belongs to you. We handle it on your behalf as set out in Schedule 1.

8.2 You must tell your Customers that you use a service provider to respond to enquiries, for example with the wording we provide for your website.

8.3 We will not sell your Customers' information, use it for our own marketing, or use it to train artificial intelligence models.

9. Acceptable use #

You must not use the Service to break any law (including privacy, spam and consumer laws), mislead anyone, impersonate another business, send marketing or unsolicited messages (other than reminders, review requests and follow-ups the Service provides, used in accordance with these Terms), upload information you are not entitled to use, harass anyone, or interfere with the Service or other businesses' information.

10. Fees and payment #

10.1 Fees are as set out in your Order Form and are payable monthly in advance in Australian dollars. Pilots are free, and no fees are payable unless you sign an Order Form.

10.2 Your Order Form sets the number of text messages included each month and the charge for additional messages. A text of up to 160 characters counts as one message; a longer text counts as more than one.

10.3 We will give you at least 30 days' notice of any change to the fees. If you do not agree, you may cancel before the change takes effect at no extra cost.

10.4 We will email an invoice at the start of each billing month, payable within 14 days. If a payment remains unpaid, we may suspend the Service after giving at least 14 days' written notice.

10.5 If we end or materially reduce the Service, we will refund the unused part of the month. Otherwise fees paid are not refundable, except where the law requires.

10.6 While we are not registered for GST, invoices state that no GST has been charged. If we register, we will give you at least 30 days' notice before adding GST, and you may cancel before it applies.

11. Availability and changes to the Service #

11.1 We take reasonable care to keep the Service available but do not guarantee that it will be uninterrupted or error-free. We aim to carry out maintenance at quiet times.

11.2 We may improve or change features. If we materially reduce the Service during a paid period, we will tell you in advance, and you may cancel and receive a refund for the unused part of that period.

11.3 Support is available by email at support@quoteback.co and in the app, 8am to 6pm on business days (South Australian time). We aim to reply within one business day.

12. Intellectual property #

12.1 We own the Service and everything we develop in providing it. You own your data and price list and permit us to use them only to provide the Service to you.

12.2 The estimates, messages and reports the Service produces for your business are yours to use.

12.3 We may use de-identified, aggregated statistics that do not identify you, your business or any individual to operate and improve the Service.

12.4 We may use feedback you give us without obligation to you.

13. Consumer guarantees and liability #

13.1 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where permitted, our liability for failure to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

13.2 Subject to clause 13.1, neither party is liable to the other for loss that was not reasonably foreseeable, at the time you accepted these Terms, as a likely result of the breach.

13.3 Subject to clause 13.1, each party's total liability under these Terms is limited to the fees you paid in the 12 months before the claim arose, or A$1,000 if you have paid no fees. For breach of clause 8 or Schedule 1, each party's total liability is limited to A$50,000. These limits include liability under clause 14, do not apply to fraud or liability that cannot lawfully be limited, and do not reduce fees you owe.

13.4 Each party's liability is reduced to the extent the other party caused or contributed to the loss, for example through an inaccurate price list or setting.

13.5 We do not promise any particular number of enquiries, bookings or amount of revenue.

14. Indemnities #

14.1 You indemnify us against claims by your Customers about work you perform for them, or arising from your breach of the law in using the Service, except to the extent we caused the claim.

14.2 We indemnify you against claims arising from our breach of clause 8 or Schedule 1.

15. Suspension and termination #

15.1 Either party may end these Terms at any time by giving 30 days' written notice. There is no minimum term. You may also close your account immediately in the app.

15.2 We may suspend the Service immediately only where reasonably necessary to prevent unlawful use, a security threat or harm to others. We will tell you why and restore the Service once the issue is resolved.

15.3 Either party may end these Terms by notice if the other materially breaches them and does not remedy the breach within 14 days of being asked.

15.4 Before your account closes, change your call forwarding. Ask us for a copy of your records before you close: we will provide your customers, conversations, estimates and bookings as a data file within 10 business days. Closing your account in the app removes your Customers' details immediately and cannot be undone.

15.5 After closure we keep your phone number out of use for 90 days and, if you ask during that time, help you transfer it to a provider of your choice at your cost. We will not assign it to another business within 12 months of closure.

15.6 Clauses 8, 12, 13, 14, 17 and 18.6 survive termination.

16. Changes to these Terms #

We may update these Terms. We will give at least 30 days' notice of any change that is adverse to you, and you may end these Terms before it takes effect at no extra cost. Changes that are not adverse to you, such as corrections or new features, take effect when published. You will be asked to accept updated Terms in the app.

17. Disputes #

17.1 If a dispute arises, the party raising it will notify the other in writing, and both will try in good faith to resolve it within 20 business days.

17.2 If the dispute is not resolved, either party may refer it to mediation in Adelaide with a mediator accredited under the National Mediator Accreditation System before starting court proceedings. Each party pays its own costs and half of the mediator's fees.

17.3 Nothing in this clause prevents a party seeking urgent court relief. You may also seek help from the Australian Small Business and Family Enterprise Ombudsman or the South Australian Small Business Commissioner.

18. General #

18.1 These Terms are governed by the laws of South Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

18.2 These Terms, any Order Form, Schedule 1 and any Pilot Agreement are the entire agreement between the parties about the Service.

18.3 Neither party may assign these Terms without the other's consent, except that we may assign them to an entity, such as a company we establish, that takes over the Service and agrees to be bound by them, on notice to you. If you object, you may end these Terms at no cost.

18.4 Notices may be given by email or through the app to the addresses each party provides. An email is received when sent, unless the sender receives a delivery failure notice.

18.5 If any part of these Terms is unenforceable, the rest continues to apply. Neither party is liable for delay caused by events beyond its reasonable control. We may use contractors to help provide the Service and remain responsible for them.

18.6 Each party will keep the other's non-public business information confidential and use it only for the purposes of these Terms, unless the law requires otherwise.

19. Contact #

QuoteBack · support@quoteback.co · ABN 32 191 945 064

Schedule 1: Data Handling #

1. Roles. You decide why your Customers' information is collected: to respond to enquiries about your services. We handle it on your behalf to provide the Service, and for no other purpose except those in item 4.

2. Information. Customers' mobile numbers, message content, names, job addresses, job details, estimates, bookings, call details, links to MMS photos and opt-out status; and your team members' names, contact details and account activity. We do not request sensitive information.

3. Our commitments. We will:

(a) use the information only to provide, secure and support the Service;

(b) not sell it, use it for our own marketing, or use it to train artificial intelligence models;

(c) limit access to people who need it, who are bound to keep it confidential;

(d) keep it separate from other businesses' information, enforced by the database;

(e) protect it with reasonable technical and organisational security measures;

(f) use only the service providers listed in our Privacy Policy, under contracts that require them to protect it, and give you at least 30 days' notice before adding or replacing one that handles your Customers' information. If you reasonably object, you may end these Terms without penalty;

(g) notify you without undue delay, and within 72 hours, of a data breach affecting your Customers' information, and work with you under the Notifiable Data Breaches scheme;

(h) help you respond to a Customer's request for access, correction or deletion within 10 business days of your request; and

(i) tell you if we receive such a request directly and, unless the law prevents it, respond together with you.

4. Our limited uses. We may use de-identified, aggregated statistics that cannot identify any person or business to operate and improve the Service, and keep a list of numbers that have asked not to be texted, and records of security events, for as long as needed to protect people and comply with the law.

5. Overseas providers. Some providers hold or process information outside Australia, mainly in the United States. We take reasonable steps to ensure they handle it consistently with the Australian Privacy Principles and remain responsible for them.

6. Retention. Unless you ask for a shorter period, Customers' names, numbers, addresses and message content are removed automatically 2 years after their conversation was last active; a record of the job with a random reference remains for your records. Numbers that replied STOP are kept as coded entries for as long as you use the Service, so they are not texted again. When your account closes, Customers' details are removed immediately; your business settings, price list and acceptance records are kept for 6 years as evidence of our agreement and then deleted. Information in backups is deleted when those backups expire.

7. Your commitments. You will have a lawful basis for the Service to handle your Customers' information and to message them on your behalf; tell your Customers that you use a service provider; keep your settings and price list accurate; and not ask us to handle information unlawfully.

8. Assurance. On reasonable request, no more than once a year, we will answer a written security and privacy questionnaire about the Service.