Terms of Service

1. Agreement and scope

These Terms of Service (“Terms”) govern access to and use of OrderStaff by a business customer (“Customer”, “you” or “your”). The service is supplied by OrderStaff trading as OrderStaff (“OrderStaff”, “we”, “us” or “our”).

These Terms apply together with any accepted proposal, order form, statement of work or plan description (“Order Form”). If an Order Form expressly conflicts with these Terms, the Order Form prevails to the extent of that conflict.

2. The OrderStaff service

OrderStaff provides AI-assisted phone handling and related workflow tools. Depending on the Customer configuration, the service may answer calls, provide business information, take or structure orders, handle booking or appointment requests, answer routine questions, check configured availability, create workflow records and surface information in a dashboard.

The exact functionality supplied to you is the functionality described in your Order Form and current configuration. Features may depend on third-party telephony, AI, cloud and integration services.

3. Setup and business configuration

You must provide accurate and current information reasonably required to configure the service, including relevant menus, services, treatments, prices, hours, availability, staff information, modifiers, business rules, policies and escalation instructions.

You are responsible for reviewing the configured service and participating in reasonable testing before go-live. If your business information changes, you must update OrderStaff or provide us with the updated information using the supported process.

We are not responsible for an incorrect outcome to the extent it results from inaccurate, incomplete, outdated or contradictory information supplied by you.

4. AI limitations and appropriate use

OrderStaff uses AI systems that may occasionally misunderstand speech, generate an incorrect response or fail to complete an action. The service is designed to reduce routine phone interruptions, not to eliminate the need for reasonable business oversight.

You must not configure OrderStaff to provide professional medical, legal, financial or emergency advice, make high-impact eligibility decisions, mislead callers, or handle a workflow that is unlawful or unsafe for an automated phone system.

Where the service is uncertain, unavailable or outside the configured scope, it may ask for clarification, decline the action, take a message, or use an escalation pathway where configured.

5. Calls, recording and caller notices

You are responsible for ensuring your use of OrderStaff complies with laws that apply to your business and callers, including laws relating to call recording, monitoring, surveillance, privacy, consumer communications and marketing.

If call recording or monitoring is enabled, you must determine what notice or consent is required for your circumstances and ensure it is provided. OrderStaff may provide configurable disclosure language but does not provide legal advice about your recording obligations.

You must not use OrderStaff to make unlawful unsolicited calls, send spam, impersonate another person or business, or collect information you are not entitled to collect.

6. Telephone numbers and communications

Where we or a telecommunications provider supplies a phone number for use with OrderStaff, rights to that number may be subject to provider terms, regulatory requirements and porting rules. Unless an Order Form states otherwise, provision of a number does not transfer ownership of the number to you.

We may need information or verification from you to provision, maintain or transfer numbers. Delays caused by carrier verification, porting or regulatory processes may be outside our reasonable control.

7. Fees, billing and taxes

You must pay the setup, subscription, usage and other fees stated in your Order Form. Unless stated otherwise, recurring subscription fees are billed in advance and usage-based charges are billed in arrears or as otherwise described in the Order Form.

Fees are exclusive of GST unless expressly stated otherwise. You are responsible for applicable taxes, duties and government charges other than taxes based on our net income.

If an invoice is overdue, we may contact you and provide a reasonable opportunity to resolve payment. We may suspend affected paid functionality for continued non-payment after notice, where permitted by law.

8. Setup fees, cancellation and refunds

Setup fees compensate us for configuration, implementation and testing work. If you cancel before setup work begins, any refund will be handled in accordance with the Order Form and applicable law. Once material setup work has begun, setup fees are generally non-refundable to the extent the work has been performed, except where required by law or where we fail to provide the agreed setup service.

You may cancel a monthly subscription before the next renewal date using the cancellation method we provide. Unless your Order Form says otherwise, cancellation takes effect at the end of the current paid billing period.

We do not provide refunds merely because you change your mind, but this does not limit any refund, cancellation or other remedy you are entitled to under the Australian Consumer Law or another applicable law.

9. Acceptable use

You must not use OrderStaff to:

• break the law or facilitate unlawful conduct;
• harass, threaten, deceive or discriminate against callers;
• infringe intellectual property, privacy, confidentiality or other rights;
• introduce malware or attempt to bypass security or access controls;
• reverse engineer the service except to the extent the law permits that right notwithstanding this restriction;
• use the service to build or train a competing product using non-public OrderStaff materials; or
• submit content or instructions you do not have the right to use.

10. Third-party services

OrderStaff depends on third-party services such as telecommunications carriers, AI/voice providers, cloud hosting, domain and website services, payment providers and integrations. Those services can experience outages, latency, policy changes or other events outside our reasonable control.

We will use reasonable efforts to manage providers and restore affected OrderStaff functionality, but we do not promise that third-party infrastructure will always be available.

11. Customer data and privacy

As between you and OrderStaff, you retain your rights in the business information, customer information and other data you provide to the service (“Customer Data”). You give us a non-exclusive licence to host, copy, transmit, transform and otherwise process Customer Data only as reasonably necessary to provide, secure, support and improve the service, comply with law and perform the Order Form.

You represent that you have the rights and permissions needed for Customer Data and your instructions to us. Each party must comply with privacy laws that apply to it. Our handling of personal information is also described in our Privacy Policy.

12. Intellectual property

OrderStaff and its licensors retain all rights in the OrderStaff platform, software, interface, documentation, branding, prompts, system configuration methods and other materials we create, excluding Customer Data and any materials expressly assigned to you in an Order Form.

Feedback you voluntarily provide may be used by us to improve OrderStaff without restriction, provided we do not identify you publicly without permission.

13. Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party and use it only for the purposes of the commercial relationship. This obligation does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.

A party may disclose confidential information where required by law, provided it gives notice where legally permitted and reasonably practicable.

14. Availability, maintenance and changes

We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. Maintenance, carrier incidents, internet failures, AI provider incidents, integrations and other factors can affect availability.

We may make reasonable changes to the service to improve security, reliability, functionality or compliance. We will not intentionally remove a material paid feature during a committed term without a reasonable alternative, a corresponding service adjustment, or another remedy where required by law.

15. Suspension and termination

We may suspend access where reasonably necessary to address a security risk, unlawful use, material breach, non-payment after notice, harm to other users or infrastructure, or a legal or provider requirement. Where practicable and safe, we will give notice and an opportunity to remedy the issue.

Either party may terminate for a material breach that is not remedied within a reasonable period after written notice, where the breach is capable of remedy. Rights accrued before termination are not affected.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law or another law where doing so would be unlawful.

If the Australian Consumer Law applies to a supply of services and permits liability for a failure to comply with a consumer guarantee to be limited, our liability may, at our option and to the extent permitted by law, be limited to supplying the services again or paying the cost of having the services supplied again.

17. Liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss that was not reasonably foreseeable, including loss of opportunity, except to the extent such exclusion is prohibited by law.

To the extent permitted by law, our aggregate liability arising out of or in connection with the service in any 12-month period is limited to the fees paid or payable by you for OrderStaff in the 12 months preceding the event giving rise to the claim. This limitation does not apply to liability that cannot lawfully be limited, or to fraud or wilful misconduct.

Any limitation must be interpreted and applied only to the extent it is fair and enforceable under applicable law.

18. Changes to these Terms

We may update these Terms from time to time. For a material change that adversely affects existing paid customers, we will provide reasonable advance notice, normally at least 30 days where practicable. If you do not agree to a materially adverse change, you may cancel the affected recurring service before the change takes effect.

Changes required urgently for law, security or provider compliance may take effect sooner where reasonably necessary.

19. Disputes and governing law

If a dispute arises, the parties should first try to resolve it in good faith through their usual business contacts. If it remains unresolved, either party may request escalation to a senior representative before commencing court proceedings, except where urgent relief is required.

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts of Victoria and courts entitled to hear appeals from them, subject to any non-excludable legal rights.

20. Contact

These Terms are a general commercial template for OrderStaff and should be reviewed by an Australian lawyer before relying on them for material contracts, regulated industries or unusual customer arrangements.