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, chatbot 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.
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:
Reporting is delivered via email to the address provided at onboarding unless otherwise agreed. It is your responsibility to review reports and raise any concerns promptly.
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.
The setup fee is payable as outlined in the payment schedule in your proposal, typically as a deposit upon signing and the balance before or at deployment.
Following deployment, a monthly recurring service fee applies for the ongoing management, maintenance, reporting, and support of your system. The amount is specified in your signed proposal.
The monthly fee is billed on the same date each month corresponding to your Deployment Date (e.g. if your system goes live on the 14th, you are billed on the 14th of each subsequent month). Your first monthly invoice will be issued on or immediately following your Deployment Date.
Monthly fees are due within 7 days of invoice. Failure to pay within this period may result in suspension of service in accordance with Clause 07.
Monthly fees are non-refundable once billed. If you cancel mid-cycle, the current month's fee is not refunded.
Payments not received within 7 days of the due date are considered overdue. ZJ Marketing & Automation reserves the right to:
ZJ Marketing & Automation will make reasonable attempts to contact you before suspending services. Suspension of services does not waive any outstanding amounts owed and does not constitute termination of this agreement.
To build, deploy, and maintain your system, ZJ Marketing & Automation requires access to certain third-party platforms and systems. This may include but is not limited to:
Privacy Commitment: ZJ Marketing & Automation handles all access credentials and sensitive system information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Credentials provided to us are used solely for the purpose of building and maintaining your system. We do not store credentials in personal records, spreadsheets, or insecure locations. All access information is held only within the secure system build environment and is not shared with any third party except where necessary for delivery of the service (e.g. API integrations with approved platforms). You may request removal of your credentials at any time upon termination of this agreement.
You warrant that you have the authority to provide any access credentials shared with ZJ Marketing & Automation and that doing so does not breach any third-party platform terms of service. You indemnify ZJ Marketing & Automation against any claims arising from unauthorised provision of access.
ZJ Marketing & Automation will not use any access provided to you for any purpose other than delivering the agreed services and will not access, modify, or download data beyond what is necessary for system operation and reporting.
The delivery of this service depends on third-party APIs, phone infrastructure providers, and platform integrations including but not limited to telephony providers (such as Twilio), Google APIs, CRM APIs, calendar APIs, and web hosting platforms.
API Key Ownership: Where API keys or accounts are created specifically for your system build, those keys remain the property of the account holder (either ZJ Marketing & Automation's infrastructure account or a dedicated client account depending on setup). Upon termination of services, ZJ Marketing & Automation will provide you with all client-specific API keys and credentials required to migrate your system, provided all outstanding fees are paid in full.
Third-Party Costs: Some system components may incur direct third-party usage costs (e.g. SMS sending costs via telephony providers, API call volumes). Unless explicitly included in your proposal, these costs are passed through to the Client at cost. ZJ Marketing & Automation will notify you before any significant third-party costs are incurred on your behalf.
Platform Changes: ZJ Marketing & Automation is not liable for interruptions to service caused by third-party API changes, deprecations, outages, or policy updates. Where such changes affect your system, ZJ Marketing & Automation will notify you promptly and work to restore functionality. If significant rework is required due to third-party changes outside our control, additional fees may apply and will be quoted before work proceeds.
Phone Numbers: Where a dedicated phone number is provisioned for your missed call follow-up service, that number is leased through a third-party telephony provider. The number is associated with your business and ZJ Marketing & Automation will make reasonable efforts to transfer or port the number to you upon termination, subject to the telephony provider's porting policies.
This service uses AI-assisted response technology to power the automated chat system and Google review reply generation. This technology enables the system to respond intelligently to customer enquiries and generate contextually appropriate review responses based on your business profile and training.
Important: AI-assisted responses are generated automatically and may not always perfectly reflect your intended tone, brand voice, or specific business context in every scenario. ZJ Marketing & Automation trains and configures the system to your specifications and monitors performance, however we recommend periodically reviewing chat transcripts and review responses to ensure quality. AI-assisted responses on your Google Business Profile are drafts that you may review before publishing, depending on your system configuration.
ZJ Marketing & Automation does not warrant that AI-assisted responses will be error-free in all cases. The Client accepts that AI-assisted technology operates within the bounds of the training and configuration provided and that occasional edge cases may produce unexpected responses.
ZJ Marketing & Automation is not liable for any reputational, commercial, or legal consequences arising from AI-assisted responses published without Client review where the Client has elected to enable automatic publishing. If you have concerns about a specific response, contact ZJ Marketing & Automation promptly and we will rectify it.
Client Ownership: Upon receipt of all outstanding fees, the Client owns the configured outputs of the system specific to their business, including custom chat scripts, review response templates, and CRM workflow configurations built exclusively for them.
ZJ Marketing & Automation Ownership: ZJ Marketing & Automation retains ownership of all underlying system architecture, automation frameworks, code, templates, and proprietary methodologies used to build and deliver the service. Clients receive a licence to use these as part of their ongoing service engagement. This licence terminates upon cessation of the service agreement.
Portfolio Rights: ZJ Marketing & Automation reserves the right to reference the Client's business name as a client and describe the type of service delivered in portfolio and marketing materials, unless the Client provides written objection within 14 days of project completion.
Client-Supplied Content: You warrant that any content, branding, or data you provide is owned by you or you have the right to use it. You indemnify ZJ Marketing & Automation against any intellectual property claims arising from client-supplied materials.
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of this engagement.
ZJ Marketing & Automation will not disclose your business data, customer information, system credentials, or strategic details to any third party without your written consent, except where required by Australian law or necessary to deliver the agreed services under appropriate confidentiality obligations.
You agree not to disclose ZJ Marketing & Automation's internal systems, pricing, automation architecture, or proprietary configurations to third parties.
This obligation survives termination for 2 years.
To the maximum extent permitted by Australian law, ZJ Marketing & Automation's total liability for any claim under this agreement is capped at the total fees paid in the 3 months immediately preceding the event giving rise to the claim.
ZJ Marketing & Automation is not liable for indirect, consequential, incidental, or special damages including loss of revenue, loss of customers, or loss of data, even if advised of the possibility of such losses.
Nothing in this agreement excludes liability for personal injury, death, or fraud, or any liability that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
ZJ Marketing & Automation does not guarantee specific business outcomes. Results depend on factors including market conditions, customer behaviour, Client responsiveness, and platform performance outside our control.
By Either Party: Either party may terminate the monthly service by providing 30 days written notice via email to the other party's nominated email address.
Outstanding Fees at Termination: Upon termination, all outstanding invoices become immediately due and payable. The current month's recurring fee is not refunded. The setup fee is non-refundable in all circumstances.
Immediate Termination by ZJ Marketing & Automation: ZJ Marketing & Automation may terminate this agreement immediately and without notice if the Client engages in abusive conduct, makes payment more than 30 days overdue, or materially breaches these terms.
System Handover: Upon termination with all fees paid in full, ZJ Marketing & Automation will provide the Client with their system credentials, API keys, and reasonable transition assistance for up to 5 business days.
ZJ Marketing & Automation may update these Terms & Conditions from time to time. Where changes are material, at least 14 days written notice will be provided before new terms take effect. Continued use of the service after the notice period constitutes acceptance. If you do not accept updated terms you may terminate in accordance with Clause 14.
This agreement is governed by the laws of Queensland, Australia. Both parties submit to the jurisdiction of the courts of Queensland. Before commencing legal proceedings both parties agree to attempt resolution through direct negotiation, then mediation, before litigation.
This agreement is subject to and does not exclude the application of the Australian Consumer Law (ACL) to the extent applicable.
These Terms & Conditions together with the signed Service Proposal constitute the entire agreement between the parties and supersede all prior discussions and representations. If any provision is unenforceable, the remaining provisions continue in full force. No waiver is effective unless in writing.
ZJ Marketing & Automation is committed to protecting personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This policy applies to personal information collected from Clients, their customers, and end users of deployed systems.
Information Collected: In the course of delivering services, ZJ Marketing & Automation may collect and handle the following categories of personal information:
How Information Is Used: Personal information is used solely to deliver, maintain, and improve the agreed services. We do not sell, rent, or share personal information with third parties for marketing purposes. End-user data captured through client systems belongs to the Client and is processed by ZJ Marketing & Automation only as a data processor acting on the Client's behalf.
Credential Handling: Access credentials (API keys, CRM logins, calendar tokens, phone numbers) provided by the Client are held exclusively within the secure system build environment. They are not stored in personal notes, spreadsheets, or unencrypted files. They are not shared with any party outside the service delivery context. Upon termination, credentials are removed from all ZJ Marketing & Automation systems within 14 days of written request.
Third-Party Processors: The service relies on third-party platforms (including telephony providers, CRM platforms, Google APIs, and AI API providers) that process data as part of service delivery. These providers operate under their own privacy policies and terms. ZJ Marketing & Automation selects providers that maintain appropriate data security standards.
Data Security: ZJ Marketing & Automation takes reasonable technical and organisational measures to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
Access & Correction: Clients and their customers have the right to request access to personal information held about them and to request corrections. Requests should be directed to wilkes.business68@gmail.com and will be responded to within 30 days.
Data Retention: Personal information is retained for as long as necessary to deliver the service and meet legal obligations. Chat transcripts and lead data are retained for the duration of the service engagement and for up to 12 months thereafter unless earlier deletion is requested.
Complaints: If you have a privacy concern, contact ZJ Marketing & Automation directly at wilkes.business68@gmail.com. If your concern is not resolved, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.