Terms & Conditions

These Terms & Conditions form an agreement between DPACC.AI, trading as T/A DPACCAI ("DPACC.AI", "we", "our" or "us") and the business, organisation or other client acquiring or using our services ("client", "you" or "your").

These Terms apply to services supplied through or in connection with https://au.dpaccai.com, as well as services ordered or accepted through a proposal, quotation, assessment, reactivation report, payment page, email, telephone discussion confirmed in writing, or other accepted method.

Where a client-specific proposal, quotation, report or written service agreement contains additional or more specific commercial terms, those terms must be read together with these Terms & Conditions.

DPACC.AI provides tailored communication services which may include CRM services, inbound and outbound Voice AI, database reactivation, automated communications, appointment booking, campaign management, integrations, account configuration and related services.

The exact scope of each client's service is determined by the proposal, quotation, assessment, reactivation report, order or other written service documentation provided for that client.

DPACC.AI may use third-party platforms, telecommunications services, hosting services, infrastructure and technology providers in order to deliver its services. The identity of an underlying technology provider does not alter the client's obligation to DPACC.AI under the agreed service terms.

The fees payable by a client are those disclosed in the applicable proposal, quotation, assessment, reactivation report, order, payment page or other service documentation accepted by the client.

Fees may include:

• a one-time setup or implementation fee;
• a recurring Monthly Service Fee;
• call, messaging or other usage-based charges;
• additional work outside the agreed scope; and
• applicable taxes.

Unless otherwise stated, advertised and quoted prices are in Australian dollars (AUD).

Where a proposal or service document specifies a minimum service or campaign period, including a three-month campaign period, the client is agreeing to that minimum period when they proceed.

The Monthly Service Fee is an ongoing service fee and is separate from call, messaging and other usage charges.

The Monthly Service Fee contributes to the fixed and ongoing costs incurred by DPACC.AI in providing and maintaining the service, including third-party platform and technology licensing, CRM and communications infrastructure, account maintenance, service delivery, administration, support and operating costs.

These costs may continue while a client's service remains active. A client's decision not to use the service, delay a campaign, make no calls, or make limited use of the service does not suspend or remove the Monthly Service Fee and does not by itself constitute cancellation.

Refunds and cancellations are governed by the DPACC.AI Refund & Cancellation Policy and any applicable service-specific terms.

Call, messaging and other metered usage charges are separate from the Monthly Service Fee unless expressly stated otherwise in writing.

Any call-cost figure shown in a proposal, assessment or reactivation report as an estimate is an estimate only. The estimate may be based on factors including the number of contacts supplied, anticipated call volumes, expected call duration, campaign assumptions and the applicable usage rates at the time.

Actual usage charges are based on the actual calling, messaging or other usage incurred. If fewer contacts are called or less usage is incurred, actual charges may be lower than the estimate. If greater usage is required or incurred, actual charges may be higher than the estimate.

The client is responsible for all properly incurred usage charges associated with their campaign or account.

Where AI or other usage costs are separately chargeable, the client must add and maintain their own valid payment method within the applicable DPACC.AI Voice AI account or other designated billing facility.

The client must ensure that the payment method remains valid and has sufficient available funds or credit to meet AI usage and other usage charges as they are incurred.

If sufficient funds or available credit are not available, the Voice AI agent may be unable to initiate or continue outbound calls, and campaign activity may remain suspended until the required payment capacity has been restored.

DPACC.AI is not required to place its own payment method against a client's usage, or to fund, advance, finance or carry a client's AI, messaging or other usage costs.

In addition to the client's normal payment method, DPACC.AI may require additional payment security before commencing or continuing usage-based campaign activity where DPACC.AI reasonably considers that there is an increased risk of material unpaid AI usage costs or other third-party usage charges.

Circumstances that may give rise to this requirement include substantial projected AI usage, unusually large campaign volumes, previous failed or disputed payments, chargebacks or refund disputes, removal or failure of a required payment method, or other circumstances that reasonably increase DPACC.AI's financial exposure to usage charges for which the client is responsible.

The additional security may take the form of an AI Usage Cost Reserve, being a refundable security deposit paid to DPACC.AI's nominated bank account or other designated payment facility before campaign activity commences or continues.

The amount of any AI Usage Cost Reserve will be reasonable having regard to the reasonably estimated AI usage exposure of the campaign and the identified payment risk, and will be communicated to the client in writing before it is required. Unless otherwise agreed in writing, DPACC.AI may require an AI Usage Cost Reserve of up to 25% of the reasonably estimated AI usage costs for the relevant campaign.

The AI Usage Cost Reserve is not an additional service fee. It is held as security against properly incurred AI usage costs for which the client is responsible.

If AI usage charges become due and the client's normal payment method fails, is declined, is removed, becomes unavailable or otherwise does not meet those charges, DPACC.AI may apply so much of the AI Usage Cost Reserve as is reasonably necessary to satisfy properly incurred unpaid AI usage costs.

Any unused balance remaining after completion or termination of the relevant campaign and final reconciliation of properly incurred AI usage costs will be returned or credited to the client in accordance with the applicable payment arrangement.

No usage-based campaign activity is required to commence or continue until the required client payment method, sufficient funding or credit, any required AI Usage Cost Reserve, and all other applicable payment arrangements are in place.

DPACC.AI may immediately suspend calling, messaging or other usage-based campaign activity where necessary to prevent DPACC.AI from being exposed to charges that are the client's responsibility.

This includes circumstances where a required payment method is removed, cancelled, blocked, declined, expires, becomes unavailable, has insufficient funds or available credit, or where a required AI Usage Cost Reserve is not established or maintained.

Suspension of usage-based activity for these reasons does not itself cancel properly accrued service fees or other amounts already due.

Campaign activity may resume once the relevant payment or security issue has been remedied and DPACC.AI is reasonably satisfied that further client usage will not create unsecured financial exposure for DPACC.AI.

Setup and implementation may include account creation, CRM configuration, Voice AI agent configuration, integrations, campaign preparation, data import and other work specified in the client's service documentation.

Quoted setup fees are based on the scope and assumptions reasonably identified at the time of quotation.

The client is responsible for supplying requested content, data, images, logos, access credentials and other materials in a reasonably usable form and within a reasonable timeframe.

If client-supplied data or materials require substantial cleaning, restructuring, correction, formatting, reconstruction or other work beyond the agreed setup scope, DPACC.AI may identify that work as additional chargeable work before undertaking it.

Work requested outside the agreed service scope may be quoted separately or charged at the applicable DPACC.AI hourly rate where that rate has been disclosed to and authorised by the client before the additional work is performed.

Where an additional quotation is provided, DPACC.AI may require acceptance and payment before commencing the quoted additional work.

Unless a different rate is agreed in writing, the current standard rate for authorised additional work is AUD $150 plus applicable tax per hour or part thereof.

The client is responsible for ensuring that contact lists, customer records, prospect data and other information supplied to DPACC.AI have been lawfully obtained and may lawfully be used for the communications or campaign requested by the client.

The client must not instruct or require DPACC.AI to conduct communications that are unlawful, misleading, deceptive, abusive, discriminatory, fraudulent or otherwise prohibited.

Each party must comply with the laws that apply to its own conduct. The client must provide DPACC.AI with accurate information regarding consent, opt-outs, suppression lists and other restrictions relevant to the contact data supplied.

DPACC.AI may refuse, pause or suspend a campaign where it reasonably considers that proceeding would create a material legal, regulatory, security, reputational or financial risk.

Clients using DPACC.AI for email, SMS, telemarketing or other outbound communications must comply with applicable Australian laws and regulatory requirements, including requirements relating to consent, identification, calling times, opt-outs, unsubscribe facilities and the Do Not Call Register where applicable.

Clients must promptly advise DPACC.AI of any withdrawal of consent, unsubscribe request, do-not-call request, suppression requirement or other restriction that affects communications undertaken on the client's behalf.

DPACC.AI may implement reasonable technical or operational controls designed to support compliance, but those controls do not relieve the client of responsibility for the legality and accuracy of the campaign instructions and contact data supplied by the client.

Clients must provide accurate account information and keep login credentials secure.

A client must not transfer, disclose or permit unauthorised use of credentials, access keys or confidential account information.

The client must promptly notify DPACC.AI of any suspected unauthorised access, security breach or compromise affecting a DPACC.AI account or service.

A client must not use DPACC.AI services to:

• engage in unlawful, fraudulent, deceptive or harmful activity;
• send unlawful spam or make unlawful unsolicited communications;
• harass, threaten, abuse or unlawfully discriminate against any person;
• introduce malicious code or interfere with the security or operation of DPACC.AI or any connected service;
• infringe the intellectual property, privacy or other rights of another person;
• reverse engineer, copy, resell or commercially exploit DPACC.AI's proprietary configuration, materials or service architecture except as expressly permitted in writing; or
• use the service in a manner reasonably likely to expose DPACC.AI or a third-party provider to legal, regulatory, security or material reputational harm.

Personal information handled by DPACC.AI is subject to the DPACC.AI Privacy Policy and applicable Australian privacy law.

The client must not knowingly provide highly sensitive information, payment-card information, passwords or security credentials for campaign use unless DPACC.AI has expressly agreed to receive that category of information and appropriate arrangements are in place.

The DPACC.AI Privacy Policy is available at https://au.dpaccai.com/privacy-policy.

DPACC.AI and its licensors retain ownership of their respective intellectual property, systems, templates, configurations, processes, branding and proprietary materials.

During an active service, DPACC.AI grants the client a limited, non-exclusive and non-transferable right to access and use the services made available to that client for its internal business purposes, subject to these Terms and the applicable service agreement.

The client retains ownership of the client's own business data, content, logos and materials, subject to the permissions reasonably required for DPACC.AI to process and use those materials in delivering the agreed service.

DPACC.AI may rely on third-party telecommunications networks, AI platforms, CRM systems, hosting providers, payment providers and other technology services.

DPACC.AI will use reasonable care in providing its services but does not guarantee that third-party networks or platforms will operate without interruption, delay or technical incident.

Nothing in this section excludes any guarantee, right or remedy that cannot lawfully be excluded.

Client cancellation is governed by the applicable service-specific terms and the DPACC.AI Refund & Cancellation Policy.

A cancellation request does not retrospectively remove fees or usage charges properly incurred before the effective cancellation date.

DPACC.AI may suspend affected services immediately where reasonably necessary to prevent financial exposure, unlawful activity, security risk, material service abuse or material harm to DPACC.AI or a third party.

DPACC.AI may terminate a service where the client materially breaches the agreed terms and, where the breach is capable of remedy, fails to remedy that breach within a reasonable period specified in written notice.

Where a client expressly states that they will not comply with a material payment, usage-cost or service obligation that they previously accepted, DPACC.AI may cease further campaign activity and may terminate the affected service in accordance with applicable law and the service agreement.

Termination does not extinguish amounts properly due or incurred before termination.

The DPACC.AI Refund & Cancellation Policy forms part of these Terms & Conditions and should be read together with the applicable client-specific service documentation.

If a goodwill credit, call credit, fee adjustment or other discretionary concession is provided in an individual case, that concession does not alter these Terms or create a precedent unless DPACC.AI expressly agrees otherwise in writing.

To the maximum extent permitted by law, DPACC.AI is not responsible for indirect or consequential loss arising solely from a client's failure to provide accurate data, lawful campaign instructions, required approvals, sufficient funding, valid payment arrangements or other materials or actions required from the client.

Nothing in these Terms limits liability to the extent that liability cannot lawfully be excluded or limited.

To the extent permitted by law, the client is responsible for loss, liability or reasonable third-party cost directly caused by the client's unlawful instructions, unlawful use of contact data, infringement of third-party rights, or material breach of these Terms.

This clause does not require the client to compensate DPACC.AI for loss caused by DPACC.AI's own unlawful conduct, negligence or breach to the extent that responsibility cannot lawfully be transferred.

DPACC.AI may update these Terms from time to time for future services, renewals or as reasonably necessary to reflect legal, regulatory, technology or service changes.

DPACC.AI will not rely on a material change to these Terms to retrospectively rewrite a fixed commercial obligation already accepted by a client unless the client agrees to the change or the change is otherwise permitted by law.

Where a material change affects an ongoing service, reasonable notice will be provided where required or appropriate.

If a dispute arises, each party should first provide the other with written details of the issue and allow a reasonable opportunity for the matter to be addressed in good faith.

Nothing in this section prevents either party from seeking urgent interlocutory relief, exercising a statutory right, referring a matter to an appropriate regulator or tribunal, or commencing court proceedings where appropriate.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.

A failure or delay by either party in exercising a right does not automatically waive that right.

These Terms, the Refund & Cancellation Policy and the applicable client-specific service documentation together record the relevant agreement between DPACC.AI and the client in relation to the service, subject to any other written document expressly incorporated into that agreement.

If you have any questions regarding these Terms & Conditions, please contact: