Provider: ZJ Marketing & Automation, ABN 31 438 003 490, a sole trader business operating from Cairns, Queensland, Australia ("ZJ Marketing & Automation", "we", "us", "our").
Client: The individual or business entity identified in the accompanying signed proposal and onboarding form ("Client", "you", "your").
This agreement becomes binding upon the Client's signature of both this document and the accompanying Service Proposal. Engagement of services, payment of any fee, or provision of system access also constitutes acceptance of these terms in full.
ZJ Marketing & Automation provides an automated lead engagement and customer communication system for your business. The system includes the following components as agreed in your proposal:
The exact components included in your engagement are specified in your signed proposal. ZJ Marketing & Automation reserves the right to use third-party platforms, APIs, and infrastructure to deliver these services.
Upon receipt of the setup fee and signed agreement, ZJ Marketing & Automation will commence the build and configuration of your system. The standard deployment timeline is outlined in your proposal and is subject to the timely provision of required access and information by the Client.
Setup includes: system configuration, CRM and calendar integration, chat system training to your business context, Google Review Agent configuration, testing across agreed channels, and initial deployment to your nominated platforms.
ZJ Marketing & Automation will provide you with a walkthrough of the system upon deployment and confirm that all agreed components are operational before the monthly service period commences.
During the build phase, ZJ Marketing & Automation will provide a brief fortnightly update covering build progress, any blockers, and next steps. This applies between signing and the Deployment Date only.
Important: The monthly recurring service fee does not commence on a fixed calendar date. It commences on the date your system is confirmed as deployed and live ("the Deployment Date"). You will be notified in writing of your Deployment Date and your billing cycle will align to that date each month.
Following deployment, ZJ Marketing & Automation provides ongoing management, maintenance, and support of your automated system. This includes:
A one-time setup fee is payable as specified in your signed proposal. This fee covers the full build, configuration, integration, testing, and deployment of your automated system.
Non-Refundable: The setup fee is strictly non-refundable once work has commenced. Work is deemed to have commenced upon receipt of your signed agreement and first payment. If you choose to cancel after work has commenced, the full setup fee remains payable regardless of the stage of completion. No partial refunds will be provided for incomplete builds caused by the Client's decision to cancel.
Following deployment, a monthly recurring service fee applies. The amount is specified in your signed proposal. The monthly fee is billed on the same date each month corresponding to your Deployment Date. Monthly fees are due within 7 days of invoice and are non-refundable once billed.
Payments not received within 7 days of the due date are considered overdue. ZJ Marketing & Automation reserves the right to suspend all services without notice until the overdue balance is cleared, apply a late payment fee of 5% per 14-day period, and terminate the agreement if payment remains outstanding for more than 30 days.
To build and maintain your system, ZJ Marketing & Automation requires access to certain platforms including: CRM webhooks/API credentials, Google Business Profile, calendar platform, telephony platform, website access, SMS platform credentials, and email service provider credentials.
Privacy Commitment: All credentials are handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Credentials are used solely for system delivery, held only within the secure build environment, and not stored in personal records or shared with third parties except as required for service delivery. You may request removal of credentials upon termination.
This service depends on third-party APIs and phone infrastructure. API keys created for your build remain with the account holder and will be transferred to you on termination with all fees paid. Third-party usage costs not included in your proposal are passed through at cost. ZJ Marketing & Automation is not liable for interruptions caused by third-party platform changes or outages. Where a dedicated phone number is provisioned, ZJ Marketing & Automation will make reasonable efforts to port it to you upon termination.
This service uses AI-assisted response technology to power the automated chat system and Google review reply generation.
Important: AI-assisted responses may not always perfectly reflect your intended tone or context in every scenario. ZJ Marketing & Automation configures and monitors the system but recommends periodically reviewing chat transcripts and review responses. ZJ Marketing & Automation is not liable for consequences arising from AI-assisted responses published without Client review where automatic publishing has been enabled.
Upon receipt of all fees, the Client owns configured outputs specific to their business. ZJ Marketing & Automation retains ownership of all underlying architecture and frameworks. Clients receive a licence to use these as part of their service engagement, terminating upon cessation of the agreement. ZJ Marketing & Automation reserves the right to reference the Client's business name in portfolio materials unless written objection is received within 14 days of project completion.
Both parties agree to keep confidential any proprietary or non-public information shared during this engagement. This obligation survives termination for 2 years.
ZJ Marketing & Automation's total liability is capped at the total fees paid in the 3 months preceding the claim. ZJ Marketing & Automation is not liable for indirect or consequential damages. Nothing excludes liability that cannot be excluded under the Australian Consumer Law.
Either party may terminate monthly services with 30 days written notice. All outstanding invoices become immediately due upon termination. The setup fee is non-refundable in all circumstances. ZJ Marketing & Automation may terminate immediately for abusive conduct, payment more than 30 days overdue, or material breach. Upon termination with all fees paid, system credentials and reasonable transition assistance will be provided within 5 business days.
This agreement is governed by the laws of Queensland, Australia. ZJ Marketing & Automation may update these terms with 14 days written notice. This agreement together with the signed proposal constitutes the entire agreement between the parties.
ZJ Marketing & Automation collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Information collected includes Client and end-user contact details, system credentials, chat transcripts, and Google review data. This information is used solely to deliver, maintain, and report on services. We do not sell personal information. End-user data is processed on the Client's behalf only.
Credentials are held exclusively within the secure system build environment and removed within 14 days of a written termination request. Data is retained for the service duration and up to 12 months thereafter. Privacy concerns may be directed to wilkes.business68@gmail.com or to the OAIC at www.oaic.gov.au.
Please complete all fields below before signing. This information forms part of the binding agreement.