Terms of Service (CALL A ROO)

Introduction

Welcome to Call A Roo, a sole trader business operating in Australia. These Terms of Service (“Terms”) govern your use of the Call A Roo website and services. By accessing or using our services, you (“User”) agree to be bound by these Terms. If you do not agree, you must refrain from using our services. For the purposes of these Terms, “Tradie” refers to a subscriber or customer of Call A Roo (typically a tradesperson or business using our lead-capturing service), and “Form Submitter” refers to an individual who submits their information via our lead capture form (usually a client or prospect of a Tradie). These Terms form a legal agreement between you and Call A Roo (“we”, “us” or “our”). We recommend you read them carefully and periodically review them for any updates or changes.

Description of Services

Call A Roo provides a digital lead-capturing service designed for Australian tradespeople (“tradies”). When a tradie misses a phone call from a potential client, our system (via third-party integrations) automatically sends an SMS message to the caller with a link to an online form. This SMS is delivered using Twilio’s platform. The caller (form submitter) can click the link (hosted through form providers like Tally) and submit their details, such as their contact information and a description of the job or inquiry. Our service captures that lead information and then delivers it to the intended tradie via email (using SendGrid) or via SMS. In summary, Call A Roo ensures that even if a tradie misses a call, they promptly receive the caller’s details and inquiry through our automated system. We charge tradies a subscription fee for this service (monthly or annually), as detailed below. We only operate within Australia and our services are intended for use by Australian-based businesses and individuals.

User Obligations and Acceptable Use

General Responsibilities: All users of our service (including tradies and form submitters) agree to use Call A Roo only for lawful purposes and in accordance with these Terms. You must not use the service in any way that infringes any laws or regulations, or for any fraudulent, harmful, or abusive purpose. In particular, you agree not to introduce or upload any malicious code, viruses, or harmful content into our system, and not to submit any content that is offensive or unlawful[1]. You also must not attempt to interfere with the normal operation or security of our platform (for example, by trying to gain unauthorized access, disrupting servers, or reverse-engineering our software).

Obligations of Tradies (Subscribers): If you are a tradie using Call A Roo, you further agree to the following:

Accurate Information: You must provide true, current, and complete information about yourself and your business when signing up and using our service. Keep your account credentials secure and notify us promptly of any unauthorized use. You are responsible for all activity that occurs under your account.
Lawful Use of Leads: You agree to use the information collected via our service (lead contact details and job information) solely for the purpose of following up with the prospect about their inquiry. You will not use the service to send unsolicited marketing or spam unrelated to the missed call inquiry. You must comply with all applicable laws regarding marketing and privacy, including the Spam Act 2003 (Cth) if sending commercial electronic messages.
Consent for Communications: You warrant that you have the necessary consent from individuals (your clients or prospects) to send them communications via our service. In other words, by using Call A Roo to capture a client’s details, you confirm that the client has agreed to receive an SMS and/or email follow-up regarding their inquiry[2]. The responsibility to obtain this consent lies solely with you[2]. You also confirm that any contact information provided (such as the phone number or email of the form submitter) is accurate and that you will only use it in compliance with applicable privacy and communication laws. You accept full responsibility for any messages sent through our system on your behalf[2].
Use of Third-Party Services: You acknowledge that Call A Roo relies on third-party services (including Twilio for SMS, SendGrid for email, Google Sheets for data storage, Stripe for payments, and the n8n automation platform) to deliver its functionality. You agree to abide by any relevant user policies of these third-party providers when using our service. For example, you will not use our service (or the underlying Twilio/SendGrid systems) to transmit prohibited content or to harass individuals. We reserve the right to suspend your access if we discover misuse of third-party integrations or violations of their acceptable use policies.
Payment of Fees: You agree to pay all subscription fees and charges associated with your selected plan (monthly or annual) on time, as described in the “Payment Terms” section below. Failure to pay fees when due may result in suspension or termination of your access to the service.

Obligations of Form Submitters: If you are a form submitter (i.e., you received an SMS and clicked the link to provide your information), the following obligations apply to you:

Provide Accurate Information: You agree to provide true and correct information about yourself and the job inquiry when filling out the form. Do not provide false details, other people’s personal information (unless you are authorized to do so), or information that is misleading or irrelevant to the service request. This ensures the tradie can contact you and properly address your inquiry.
Appropriate Use: You must not use the form for any unlawful or inappropriate purpose. For example, you should not use the form to send abusive or offensive messages, to upload harmful content, or to engage in any activity that would violate any laws or regulations[1]. The form is intended only for legitimate inquiries to the tradie about services/work you are seeking.
Consent to Share Data: By submitting the form, you consent to your information being collected by Call A Roo and shared with the tradie you were trying to contact. The details you provide (such as your name, phone number, email, and job details) will be forwarded to that tradie (via email or SMS) so they can follow up with you. You also acknowledge that Call A Roo will process your data as described in our Privacy Policy, which includes storing it temporarily and using third-party services to transmit it. If you do not agree to this, please do not submit your personal information through the form.
No Expectation of Service Contract with Call A Roo: As a form submitter, you understand that you are not entering into a service contract with Call A Roo; your transaction or potential contract is with the tradie who will respond to your inquiry. Call A Roo simply facilitates the communication. However, you are still subject to these Terms with respect to your use of our form and any website interactions.

Fees, Subscription Plans, and Payment Terms

Subscription Plans: Call A Roo offers its lead-capturing service to tradies on a subscription basis. You may choose between a monthly plan or an annual plan. The applicable fees for each plan will be stated at the time of sign-up (for example, on our website or order form). Annual plans may be offered at a discounted rate compared to monthly plans. In particular, our annual subscription is priced at approximately a 25% discount relative to twelve months of the monthly plan (i.e., you pay the equivalent of 9 months’ fee for a full year of service). All prices are listed in Australian Dollars (AUD) unless stated otherwise, and may be subject to Goods and Services Tax (GST) if applicable.

Billing Cycle and Auto-Renewal: If you select a monthly subscription, you will be charged the subscription fee once every month in advance. If you select an annual subscription, you will be charged once every 12 months in advance. Subscriptions are auto-recurring. This means that at the end of each billing period (monthly or annually, depending on your plan), your subscription will automatically renew for a new term (and your payment method on file will be charged the then-current subscription fee), unless you cancel prior to the renewal date. By providing a payment method (e.g., credit card) and signing up, you authorize Call A Roo to charge your payment method for the subscription fees on a recurring basis[3][4]. If pricing changes, we will provide you with notice (for example, by email or on our site) in advance of your next renewal, and the new rate will apply from your next billing cycle.

Payment Processing: Payments for the service are processed by our third-party payment provider, Stripe, Inc. (“Stripe”). You must provide a valid credit card or other accepted payment details to subscribe. We do not store your full credit card information on our servers – your payment details are securely handled by Stripe in accordance with their security and privacy protocols[5]. By subscribing, you also agree to Stripe’s terms of service and privacy policy as they apply to the processing of your payment. If any payment is not successfully settled (for example, due to card expiration or insufficient funds), and you do not update your payment information or cancel your account, we may suspend your access to the service until payment is received. We will attempt to notify you (e.g., via email) if your payment fails.

Refund Policy: All fees are generally non-refundable, except as required by law. This means that once you have been billed for a subscription period, we do not offer refunds or credits if you decide to cancel or downgrade your plan during that period, or for any unused portion of the service. For example, if you cancel your annual subscription halfway through the year, you will not receive a pro-rata refund for the remaining months. Similarly, if you cancel a monthly subscription partway through a month, you will not be refunded for the remaining days in that month. We reserve the right to consider special refund requests on a case-by-case basis (e.g., in cases of serious service failure—see “Consumer Guarantees” below), but we are not obliged to provide a refund for change of mind or if you fail to use the service. If you are on a free trial and do not wish to continue with a paid plan, ensure that you cancel before the trial ends to avoid charges. Once a subscription fee has been charged, it is final under these Terms[6][7].

Late Payments: If a scheduled payment fails or is overdue, we may take the following actions: (a) suspend your account or your service access until outstanding fees are paid[8][9]; (b) charge any applicable late fees or interest if specified (however, we currently do not impose interest on late payments, but we reserve the right to do so in the future by updating these Terms); and/or (c) terminate your account for non-payment if the issue is not promptly resolved. You are responsible for any costs we incur in collecting overdue amounts. If you believe a billing error has occurred, please contact us promptly so we can review and correct any mistake.

Promotions and Discounts: If we offer any promotional pricing, coupon codes, or referral discounts, such promotions may be subject to additional terms and eligibility criteria. Promotions (including the 25% annual discount) may be for a limited time and can be modified or discontinued at our discretion, but any change will not affect you mid-subscription; changes would apply upon your next renewal or new sign-up. Only one promotion can typically be applied at a time, unless explicitly stated.

Tax: All fees are exclusive of taxes unless otherwise indicated. As a small Australian business, we may or may not be registered for GST based on our turnover. If GST or other taxes apply, they will be added to the fees and indicated in your invoice or receipt. You are responsible for any taxes that apply to your use of our service. If you are required by law to withhold any taxes from your payment, you must inform us and ensure that we receive the net amount due after such withholding.

Cancellation and Termination

Cancellation by You (Tradie): You may cancel your subscription at any time. You can typically cancel via your account settings on our website or by contacting our support team (as instructed on our site). Cancellation will take effect at the end of your current billing period. You will continue to have access to the service until the end of the period you have paid for, but your subscription will not auto-renew thereafter. For example, if you cancel a monthly plan in the middle of April, your subscription will run until April 30 and then not renew in May. If you cancel an annual plan halfway through the year, you retain access until the end of that annual term, after which it will not renew. We do not offer pro-rated refunds for the remainder of a billing period after cancellation (see “Refund Policy” above), except where required by law. After cancellation, please note that you will no longer receive leads via our system, and any future missed calls will not trigger our service.

Termination or Suspension by Us: We reserve the right to suspend or terminate your access to Call A Roo (and/or cancel your subscription) at our sole discretion if we have reason to believe that: (a) you have breached any provision of these Terms (or are acting in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) you fail to pay the subscription fees on time and do not remedy that within a reasonable period after we remind you; or (c) your use of the service has or may cause harm, risk, or liability to any user, third party, or to us (for example, using the service for unlawful purposes, or in a way that disrupts our infrastructure). In most cases, if the breach or issue is curable, we will provide you with notice and an opportunity to fix it (such as paying overdue fees or stopping a misuse) before terminating[9]. However, for serious or repeated violations, or if we are required to do so by law or a regulatory authority, we may suspend/terminate immediately without prior notice. If we terminate your account due to your breach or misconduct, you will not be entitled to any refund of fees already paid. If we terminate the service or your account without cause (e.g., if we decide to discontinue the Call A Roo service entirely), we will provide as much advance notice as reasonably possible and will refund any prepaid fees on a pro-rata basis for the remaining term of your subscription.

Effect of Termination: Upon termination or cancellation of your account, your right to use the Call A Roo service will cease. We will stop capturing leads for you and stop sending you communications. It is your responsibility to download or save any data (such as lead information) that you wish to retain prior to the termination effective date. After termination, we may delete or anonymize the data associated with your account, except to the extent we are obliged to retain certain data for legal or auditing purposes (see our Privacy Policy for more on data retention). Your obligation to pay any outstanding fees and your agreement to the Liability limitations and Indemnity (and other provisions which by their nature survive termination) shall continue even after the agreement between us is ended[9][10].

You agree that we are not liable to you or any third party for termination of your account or access to our service in accordance with these Terms. If you believe that we have suspended or terminated your account in error, please contact us to discuss the issue.

Consumer Guarantees and Refunds (Australian Consumer Law)

Our service comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For example, if you are considered a “consumer” under the ACL (generally this can include small business customers for services or goods under AUD $100,000 in value), you have certain rights such as services being provided with due care and skill and being reasonably fit for their advertised purpose. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the ACL or other applicable Australian laws.

If we fail to meet an applicable consumer guarantee, you may be entitled to a remedy such as a repair, resupply of the service, or in some cases a refund. Where it is allowed by law, and at our option, we limit our liability for breach of any non-excludable guarantee or warranty to either supplying the services again or paying the cost of having the services supplied again[11]. In other words, if something goes wrong that is our fault and cannot legally be excluded, our obligation is to fix the issue or cover the cost of you obtaining an equivalent service, rather than paying damages. If you believe our service has a major fault or has otherwise not met a consumer guarantee, please notify us and we will work with you to remedy the situation in accordance with the ACL.

Aside from the remedies available under ACL, our general refund policy (as stated above) is that change-of-mind cancellations or dissatisfaction with the service (absent a legal guarantee issue) will not entitle you to a refund. Your sole remedy in such cases is to cease using the service and/or terminate your subscription at the next available cancellation date[12]. We appreciate your understanding that our ability to provide low-cost services depends on this policy.

Limitation of Liability

Service Provided “As Is”: You understand and agree that Call A Roo is provided on an “as is” and “as available” basis. While we strive for 24/7 uptime and accuracy, we do not guarantee that the service will be uninterrupted, error-free, or completely secure[13]. The nature of internet services and reliance on third-party providers means downtime or errors may occur. For example, there could be delays or failures in sending/receiving SMS or emails due to Twilio or SendGrid outages, mobile network issues, internet problems, or other factors beyond our control. You acknowledge that third-party dependencies (such as telecommunications networks and hosting services) may affect the availability of our platform, and we are not liable for any interruptions or unavailability caused by such third parties[14]. We will, however, attempt to promptly resolve any service issues within our control.

No Indirect Damages: To the maximum extent permitted by law, Call A Roo and its owner(s), employees, and agents shall not be liable for any indirect, incidental, special, or consequential losses or damagesarising out of or related to your use of (or inability to use) our service. This exclusion includes, but is not limited to, damages for loss of profits or revenue, loss of business or opportunity, loss of data, business interruptions, loss of goodwill, or the cost of substitute services, even if we have been advised of the possibility of such damages[15]. For example, we will not be liable if a lead or job is lost because an SMS failed to send or an email went to spam, or if any delay in getting a lead’s information results in lost business for you. We also will not be liable for any harm to reputation or any claims made against you by a third party as a result of your use of our service (such as if a client claims you failed to follow up, or if you misuse their data), except to the extent it was due to our breach of these Terms or negligence.

Liability Cap: To the extent that our liability cannot be excluded and notwithstanding the above clause, in all cases our total aggregate liability to you for all claims arising from or related to the service or these Terms (whether in contract, tort (including negligence), equity or otherwise) is limited to the total fees paid by you to us in the preceding three (3) months (or the length of your subscription if shorter) or AUD $100, whichever is greater. (This limitation does not apply to any proven liability we have under the ACL that we cannot limit as described in the “Consumer Guarantees” section above, in which case the limit stated in that section applies.)

Third-Party Actions: We are not responsible for any third-party conduct or any issues that are attributable to third-party services we do not wholly control. For example, we cannot be held liable for a data breach, loss, or unauthorized access that occurs in Twilio’s, SendGrid’s, Stripe’s, or Google’s systems, but we do commit to take reasonable steps in selecting and configuring these providers to protect your data (see Privacy Policy). Similarly, we are not liable for any disputes or issues between you (the tradie) and the form submitter or your client. We only facilitate the exchange of information; the actual provision of trade services and any agreements or dealings between you and your clients are outside the scope of Call A Roo and are solely between those parties.

No Warranty: Except for any guarantees or warranties that cannot be legally excluded (such as those under ACL), we make no warranties or representations, express or implied, about the accuracy, reliability, suitability, or availability of the service. To the extent permitted by law, we exclude all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement[16][17]. Using our service does not guarantee any particular outcome for your business – for instance, we do not promise that every missed call will result in a lead, or that using Call A Roo will increase your customer conversion rate (though we certainly hope it helps!). You use the service at your own risk and discretion.

Limitation in Time: Any claim or cause of action you may have arising out of or related to use of the service or these Terms must be brought within one (1) year after the claim or cause of action accrues, otherwise it is deemed irrevocably waived.

These limitations and exclusions of liability apply to the fullest extent permitted by law and survive the termination or expiry of these Terms.

Indemnity

You (the tradie or, where applicable, any user of our service) agree to indemnify, defend and hold harmlessCall A Roo and its owner, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, or expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of our service; (b) your breach of any provision of these Terms; (c) any fraud, misconduct, or negligence on your part in using the service; or (d) any claim from a third party (including any client or form submitter) arising from your actions – for example, claims that you failed to obtain proper consent to contact them, or that you violated any privacy or consumer law in your communications[18]. This indemnification obligation will survive termination of your account or these Terms. We will provide notice to you of any such claim and reserve the right to assume the defense and control of any matter subject to indemnification (at your expense) and, in any event, you agree to cooperate with us in defending such claims.

Dispute Resolution

We are committed to customer satisfaction and will try to resolve any issues or disputes with you amicably and efficiently. If you have any concerns or disputes regarding our service, we encourage you to contact us first to discuss or lodge a complaint. You can reach out via the contact information provided on our website or in these Terms, and we will work in good faith to address the matter.

If we are unable to resolve a dispute informally, the following terms apply:

Australian Consumer Law: If you are a consumer as defined under the ACL and you have a dispute relating to our service, you have the right to seek assistance or resolution through the mechanisms provided under Australian Consumer Law. This includes contacting agencies such as NSW Fair Trading or the Australian Competition and Consumer Commission (ACCC), or utilizing any applicable industry ombudsman or mediation service. We will comply with any dispute resolution or mediation obligations that apply under the ACL. For example, the ACL regulators can help mediate certain disputes and there are consumer tribunals available for unresolved matters[19][20]. We do not exclude or limit your ability to pursue a claim under the ACL or other applicable law.
Governing Law: These Terms and any disputes arising under or related to these Terms or the Call A Roo service are governed by the laws of New South Wales, Australia, without regard to conflict of law principles[21]. This means that the interpretation and enforcement of the contract will follow NSW law (and applicable federal Australian law).
Jurisdiction: In the event that a dispute proceeds to court, you and Call A Roo agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. “Non-exclusive jurisdiction” means that while NSW is the primary jurisdiction, a claim could potentially be brought elsewhere if required by law; however, by agreeing to these terms, you are accepting NSW as a convenient forum for legal disputes[22]. If you are a consumer, this clause does not prevent you from pursuing your rights in a court that has jurisdiction under the ACL. Essentially, any legal proceedings should be initiated in New South Wales (for example, in a Sydney court), unless otherwise agreed by both parties or required by law.
Injunctive Relief: Notwithstanding the above, either party may seek interim or injunctive relief in any competent jurisdiction to protect their rights or property while the dispute resolution is pending.

By agreeing to these Terms, you are also agreeing to the governing law and jurisdiction clauses above, which are important for determining how any legal disputes will be handled. We reiterate that our goal is to never reach that stage – we value our users and will strive to find a fair resolution through dialogue first.

Changes to These Terms

We may modify or update these Terms of Service from time to time. As our business and legal requirements evolve, new features are added, or in response to changes in laws, we might make changes to ensure our terms remain up-to-date and compliant. When we update the Terms, we will post the revised version on our website with a new “Last Updated” date. If the changes are significant, we may also provide a more prominent notice or notify you via email or via the service (for example, we may prompt you to read and accept the new terms upon login). However, it is ultimately your responsibility to check these Terms periodically for any changes[23]. We encourage you to review these Terms every so often to stay informed of any updates.

Your continued use of Call A Roo after any changes to the Terms constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the service and, if applicable, cancel your subscription. No amendment to these Terms will apply to any dispute between you and us that arose prior to the date of the amendment.

Miscellaneous Provisions

Entire Agreement: These Terms (along with our Privacy Policy and any additional guidelines or terms provided for specific services or promotions) constitute the entire agreement between you and Call A Roo regarding the use of our service, and supersede any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between us relating to the subject matter. Any additional or different terms proposed by you (for example, in a purchase order or email) are hereby rejected and will not bind us unless expressly agreed in writing by an authorized representative of Call A Roo.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and if it cannot be made valid, then it will be severed (removed) from these Terms. The remaining provisions of the Terms will remain in full force and effect[24], and an invalid provision will not affect the validity of the rest of the agreement.

No Waiver: If we do not enforce a provision of these Terms or fail to exercise a right or remedy promptly, that does not mean we waive our right to do so. Any waiver of rights must be explicit and in writing. A single or partial exercise of a right or remedy by us does not prevent us from later enforcing that right or any other right or remedy.

Assignment: You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent[25]. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of our business or assets, or by operation of law. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Call A Roo. We are independent contracting parties. You do not have any authority to bind the company in any way, and vice versa.

Force Majeure: We are not liable for any failure or delay in our performance of any obligation under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, strikes or other labor disputes, pandemics, Internet or telecommunications failures, or downtime of third-party services.

Contact Information: If you have any questions about these Terms or need to contact us for any reason, please refer to the Contact section in our Privacy Policy below for our contact details. Typically, you can reach us at our business email or mailing address. We will be happy to assist you.