TERMS OF SERVICE
Capture Call Australia | Sole Trader — ABN Registered, Victoria, Australia
Effective Date: July 2026 | Version: 2026.1
Payment Processor: Stripe | Currency: Australian Dollars (AUD)
Contact: capturecallaustralia@gmail.com
By engaging Capture Call Australia ("CCA", "we", "us", "our") for any service, executing a service agreement, accessing our provisioned platforms, or making any payment to us, you ("the Client") acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms of Service ("Terms") in their entirety.
These Terms constitute a legally binding commercial agreement between CCA and the Client. If you do not agree to these Terms, you must not engage our services, access our platforms, or submit payment.
These Terms operate in conjunction with our separately published Privacy Policy and Refund & Cancellation Policy, each of which forms part of the overall agreement between the parties. In the event of a conflict between these Terms and any individual service agreement or statement of work, the individual service agreement shall prevail to the extent of the inconsistency.
These services are offered exclusively to business entities holding a valid, active Australian Business Number (ABN). CCA's services are strictly business-to-business (B2B) in nature and are not intended for, and will not be provided to, consumers, retail purchasers, or individuals engaging for personal, household, or domestic purposes.
To be eligible to engage CCA's services, the Client must:
Hold a current, active ABN registered with the Australian Business Register
Be engaging our services for a legitimate commercial, trade, or professional business purpose
Have the legal authority and capacity to enter into binding commercial contracts
Not be prohibited from entering contracts under any applicable Australian law
As this agreement is entered into between commercial entities for business purposes, certain provisions of the Australian Consumer Law (ACL) applicable exclusively to consumer contracts may not apply to the full extent they would in a consumer context. However, nothing in these Terms excludes, restricts, or modifies any right, remedy, or guarantee conferred on the Client by the ACL that cannot lawfully be excluded, restricted, or modified by agreement. Where any ACL consumer guarantee applies to the services provided under these Terms, it is expressly preserved.
By engaging our services, the Client warrants that the individual executing this agreement on behalf of the Client entity has full legal authority to bind that entity to these Terms.
CCA provides the following categories of B2B digital automation and technology services:
CRM Platform Provisioning & Management — GoHighLevel dashboard deployment, pipeline configuration, and ongoing management
Automated Communication Workflows — missed-call text-back systems, automated appointment booking, lead tracking sequences, and client follow-up automation
Website Design & Construction — custom business websites built to client specification
AI Voice Agent Engineering — conversational AI voice agent systems designed and deployed via GoHighLevel (LeadConnector) and associated platforms.
Business Consulting — advisory services relating to digital automation, workflow optimisation, and technology stack implementation
The specific scope, deliverables, timelines, and fees applicable to each engagement are set out in individual service agreements, statements of work, or proposal documents agreed between the parties. These Terms govern all such engagements.
The Client acknowledges and accepts that CCA's services are built on and delivered through third-party cloud infrastructure platforms, including without limitation GoHighLevel (LeadConnector) and Stripe. CCA does not own, operate, or control these platforms. The performance, availability, and functionality of our services may be affected by the operational status, policy changes, or technical failures of these third-party providers.
All fees, charges, subscriptions, overage calculations, and refunds are denominated and processed exclusively in Australian Dollars (AUD). CCA does not accept payment in any other currency.
All financial transactions are securely processed through Stripe, Inc., a third-party payment gateway operating under PCI-DSS Level 1 certification. By engaging our services and submitting payment, the Client consents to their payment information being processed by Stripe in accordance with Stripe's own Privacy Policy and Terms of Service.
Recurring subscription services are billed automatically in advance on a monthly cycle. The billing cycle commences on the date the Client's subscription is activated and renews automatically on the same date each subsequent month. The Client authorises CCA to instruct Stripe to charge the Client's nominated payment method for the applicable subscription fee at the commencement of each billing cycle without further notice.
Where a Client's service engagement includes variable telephony usage, AI voice agent call minutes, SMS volumes, or other consumption-based components that exceed any included allocation, such overage charges are systematically calculated at the end of each billing cycle and billed in arrears. Overage rates applicable to each service are set out in the relevant service agreement. CCA will provide reasonable notice of material overage accumulation where practicable.
Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with the cancellation procedure set out in Clause 6 of these Terms and our published Refund & Cancellation Policy. The Client is responsible for ensuring their nominated payment method remains current and has sufficient capacity to meet recurring charges.
Where a scheduled payment fails, CCA reserves the right to suspend access to provisioned platforms and services until the outstanding amount is settled in full. CCA may attempt to re-process failed payments via Stripe. Persistent payment failure may result in termination of the service agreement.
CCA reserves the right to amend its subscription fees with a minimum of 30 days' written notice to the Client prior to the amended rate taking effect. Continued use of the service following the effective date of a fee amendment constitutes acceptance of the revised fees.
All requests for refunds, service cancellations, or returns are governed strictly and exclusively by CCA's Refund & Cancellation Policy, which is incorporated into these Terms by reference and is published at:
https://www.capturecallaustralia.com/home/refund-policy
Clients are directed to read that Policy carefully before engaging our services. Where a refund is approved under that Policy or pursuant to the ACL, cleared funds will appear on the Client's account within 5 to 10 business days of initiation, subject to card network and issuing bank processing times.
All subscription cancellation requests require a minimum of 30 days' prior written notice submitted exclusively by email to capturecallaustralia@gmail.com. The 30-day notice period commences on the date the written request is received and acknowledged in writing by CCA. Cancellation requests submitted through any other channel will not constitute valid notice.
Once a monthly billing cycle has been processed by Stripe, no partial, proportional, or pro-rata refund will be issued for any unused portion of that billing period. The Client retains full access to provisioned services for the entirety of the paid billing period.
Deposits paid in connection with project-based engagements (including website construction) are strictly non-refundable once design, strategy, or development work has commenced, in accordance with the terms of our Refund & Cancellation Policy.
Nothing in these Terms limits any right the Client may hold under the ACL in respect of a major failure of service that cannot lawfully be excluded.
CCA's automation workflows, CRM platforms, AI voice agent portals, and associated digital infrastructure rely on global cloud systems operated by third-party providers, including GoHighLevel and Synthflow AI. CCA does not guarantee uninterrupted, error-free, or continuous availability of any service, platform, or automated workflow at any time.
CCA will use reasonable commercial efforts to minimise service disruption and to notify clients of planned maintenance windows where practicable. However, CCA accepts no liability for unplanned outages, performance degradation, or service interruptions caused by third-party infrastructure providers, telecommunications carriers, internet service providers, or force majeure events.
To the maximum extent permitted by law:
CCA's total aggregate liability to the Client for any claim, loss, damage, or expense arising out of or in connection with these Terms or any service provided — whether in contract, tort, negligence, statute, or otherwise — is strictly limited to the total fees paid by the Client to CCA in the three (3) calendar months immediately preceding the event giving rise to the claim
CCA expressly disclaims all liability for indirect, consequential, special, incidental, or punitive losses or damages of any kind
CCA expressly disclaims all liability for loss of business revenue, loss of profits, loss of business opportunity, loss of data, or failure to capture trade leads or customer enquiries, whether arising from service downtime, automation failure, AI system errors, or any other cause
The Client indemnifies and holds CCA harmless from and against any claim, loss, liability, cost, or expense arising from: (a) the Client's breach of these Terms; (b) the Client's unlawful or negligent use of provisioned platforms or services; (c) third-party claims arising from content, data, or communications managed through the Client's CRM or automation infrastructure.
All pre-built software snapshots, workflow templates, CRM pipeline configurations, automation logic structures, custom AI prompt architectures, voice agent scripts, system integration code, and associated proprietary digital assets created or supplied by CCA in the course of delivering services remain the exclusive intellectual property of Capture Call Australia at all times.
Upon commencement of an active, paid subscription, CCA grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use CCA's provisioned platforms, workflow configurations, and associated deliverables solely for the Client's own internal business operations during the active subscription period. This licence does not convey any ownership interest in any CCA intellectual property.
The licence granted under Clause 7.2 terminates automatically and immediately upon expiry or termination of the Client's service agreement or subscription, for any reason. Upon termination, the Client must cease all use of CCA's proprietary configurations, workflow logic, AI prompt structures, and associated assets.
The Client must not, and must not permit any third party to, copy, reproduce, reverse engineer, decompile, disassemble, modify, adapt, sub-licence, resell, or create derivative works from any CCA intellectual property, workflow configuration, or proprietary system architecture.
The Client retains all ownership rights in the content, data, business information, and customer records that they provide to CCA or input into provisioned platforms. The Client grants CCA a limited licence to access, process, and use such content solely for the purpose of delivering contracted services.
Each party agrees to keep confidential all non-public, proprietary, or commercially sensitive information disclosed by the other party in connection with the services ("Confidential Information"), and to use such information solely for the purpose of fulfilling obligations under these Terms.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available other than through a breach of these Terms; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order.
The collection, use, storage, and disclosure of personal information in connection with our services is governed by our separately published Privacy Policy, which is incorporated into these Terms by reference.
By engaging our services, the Client expressly acknowledges and consents to the following:
Client data is processed on cloud infrastructure operated by our third-party providers — GoHighLevel (LeadConnector) and Stripe — whose servers are located primarily in the United States
This transfer is made in accordance with APP 8 of the Australian Privacy Principles, and CCA takes reasonable steps to ensure data is handled consistently with Australian privacy standards
Client data is retained for the duration of the commercial relationship and for a minimum of five (5) years thereafter to meet Australian tax record-keeping obligations, as further described in our Privacy Policy
Clients who do not consent to overseas data transfer should not engage CCA's services, as the delivery of our platforms and automation infrastructure is dependent on these providers.
The Client must not use CCA's provisioned platforms, automation workflows, or AI systems to:
Send unsolicited bulk commercial electronic messages in contravention of the Spam Act 2003 (Cth)
Engage in any deceptive, misleading, or unconscionable conduct in contravention of the ACL
Transmit, store, or process content that is unlawful, defamatory, offensive, or in breach of any applicable law
Circumvent, disable, or interfere with security features of any provisioned platform
Infringe the intellectual property rights of any third party
Engage in any activity that would violate the terms of service of GoHighLevel, Synthflow AI, Stripe, or any other third-party platform integrated into the service delivery
These Terms commence on the date the Client first engages CCA's services or executes a service agreement (whichever is earlier) and continue until terminated in accordance with this clause.
The Client may terminate a recurring subscription by providing 30 days' written notice in accordance with Clause 5.2. Project-based engagements may be terminated in accordance with the terms of the applicable service agreement.
CCA may terminate the service agreement and these Terms with immediate effect by written notice to the Client if the Client: (a) breaches any material term of these Terms and fails to remedy that breach within 7 days of written notice; (b) fails to make any payment when due; (c) becomes insolvent, enters voluntary administration, or is wound up; or (d) engages in any prohibited use set out in Clause 10.
Upon termination: (a) all licences granted to the Client under Clause 7 terminate immediately; (b) CCA will cease providing services; (c) all outstanding fees, charges, and overage amounts become immediately due and payable; and (d) each party's confidentiality obligations survive termination.
CCA reserves the right to amend these Terms at any time by publishing updated Terms on our website and notifying active clients by email with a minimum of 14 days' notice prior to the amended Terms taking effect. Continued use of our services following the effective date of any amendment constitutes acceptance of the updated Terms.
In the event of a dispute arising out of or in connection with these Terms or any service agreement, the parties agree to first attempt to resolve the dispute by good faith negotiation. The disputing party must give written notice of the dispute to the other party, and both parties must engage in genuine good faith discussions for a period of 14 days following that notice before commencing any formal proceedings.
If the dispute is not resolved within 14 days of the written notice, either party may refer the matter to mediation administered by the Resolution Institute or a mutually agreed mediator in Victoria, Australia.
If mediation is unsuccessful, either party may pursue the matter through the courts of Victoria, Australia, which shall have exclusive jurisdiction over all disputes arising from these Terms.
These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
These Terms, together with any individual service agreement, statement of work, the Privacy Policy, and the Refund & Cancellation Policy, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior representations, negotiations, understandings, and agreements.
If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force and effect.
A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Client may not assign, transfer, or sub-licence any right or obligation under these Terms without CCA's prior written consent. CCA may assign these Terms to any successor business entity without the Client's consent.
CCA is not liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond CCA's reasonable control, including acts of God, natural disasters, pandemic, telecommunications failures, third-party platform outages, or government-mandated restrictions.
All contractual, transactional, billing, cancellation, and service support enquiries must be directed to:
Capture Call Australia
Email: capturecallaustralia@gmail.com
We aim to respond to all formal written enquiries within 2 business days.
These Terms of Service are governed by the laws of Victoria, Australia and the Competition and Consumer Act 2010 (Cth). Version 2026.1 — Effective July 2026. Capture Call Australia — Sole Trader, ABN Registered, Victoria, Australia.