Terms of service

1. Who we are

These terms cover the service supplied by Cushy Digital, trading as Cushy Digital, of Melbourne, Victoria. "We", "us" and "our" mean Cushy Digital. "You" and "your" mean the business that subscribes to the service.

By subscribing after we accept your application, including by making your first payment, you agree to these terms.

2. What the service does

Cushy is a lead response service. When an enquiry reaches your business, by a missed phone call or a website form, we send an automated reply on your behalf, hold a short conversation with the person, and where possible place a booking in your calendar.

We provide a dedicated Australian mobile number for the service. Your existing number does not change and remains yours.

We set up your services and questions from what you tell us in your application, and you check them before anything goes live. You remain responsible for the content you approve.

3. What it costs

The subscription is $990 per month plus GST ($1,089 charged), however many enquiries come in.

There is no setup fee. Your first payment covers your first month.

Fees are charged monthly in advance from the day of your first payment. We may change our prices, but not for you mid-term: any change takes effect from your next billing month and we will give you at least 30 days notice by email.

4. Minimum term and guarantee

The subscription has a minimum term of 6 months, starting on the day of your first payment. After the minimum term it continues month to month until you cancel. Once the minimum term has ended, you can cancel by email and the cancellation takes effect at the end of the billing month you are in.

First-month guarantee. If Cushy books fewer than 3 qualified quote visits in your first 30 days, counted from your first payment, we refund your first month's fee.

A qualified quote visit is a booking placed in your calendar that records the job type, the suburb, the timing and a budget within the range you gave us, made from an enquiry that was not a duplicate of another enquiry, a test or spam.

The guarantee applies only if your phone forwarding, your website form connection and your calendar connection stayed connected for the whole of those 30 days.

5. Payment

Payments are processed by Stripe. We do not see or store your full card details. You authorise us to charge your nominated payment method for each billing period until you cancel.

If a payment fails we will retry and let you know. If a payment remains unpaid 14 days after it is due, we may pause the service. We will always tell you before we do.

6. Cancelling

You cancel by emailing hello@cushydigital.com. No phone call, no exit process.

After the 6-month minimum term in clause 4, cancellation takes effect at the end of the billing month you are in. You keep the service until then. We do not pro-rata part months.

If you ask to cancel during the minimum term, the service keeps running and the monthly fees remain payable until the minimum term ends, unless we agree otherwise in writing.

We may cancel your subscription on 30 days notice, or immediately if you use the service unlawfully or in breach of clause 8.

7. Setup and what we need from you

Setup is self-serve, by text and email, after we accept your application. We review each application within one business day. If it fits, we email your setup steps, this agreement and a payment link. Connecting the service usually takes about 15 minutes: forwarding your missed calls, adding one email address to your website form, and sharing your Google Calendar. Each connection is checked during setup.

Before it replies to anyone real, we run a test of about a dozen pretend customers through your setup and you see the replies first. Help during setup is by email to hello@cushydigital.com, answered within one business day. How quickly you go live depends on you completing the setup steps, including giving access to the channels the service connects to.

You are responsible for keeping those connections working. If you change your phone system, calendar or website forms, tell us so we can keep the service running.

8. Messaging your customers, and the law

Messages sent through the service are sent on your behalf and identify your business. Under the Spam Act 2003 (Cth), you are the sender.

The service is built to reply only to people who have contacted your business first, which is the basis on which consent is inferred. Every message identifies your business and every thread carries a working opt-out.

You agree that you will not use the service to send unsolicited marketing, to contact people who have not enquired with your business, or to contact anyone who has opted out. You are responsible for the accuracy of any contact data you give us.

We will act on an opt-out as soon as it reaches the service. If you become aware of a complaint, tell us promptly.

9. What we do not promise

The service is designed to reply within seconds, but response times are a target, not a guarantee. Apart from the first-month guarantee in clause 4, we do not promise a number of jobs or quote visits, a volume of enquiries, a conversion rate, or a return on your spend. Any figures on our website, including the response time calculator, are illustrative and based on assumptions we state openly. They are not a forecast of your results.

The service uses automated systems. It will sometimes encounter a question it cannot answer. If it isn't sure, it hands the conversation to you instead of guessing.

10. Your data

You own your business data and your customer data. We process it to run the service for you, as described in our privacy policy.

If you cancel, you can ask us for an export of the enquiry and conversation records held for your account. Ask within 30 days of cancelling. After 90 days we delete or de-identify that data unless we are required to keep it.

11. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

To the extent we can limit our liability, our total liability to you for any claim connected with the service is limited to the fees you paid us in the 12 months before the claim. We are not liable for indirect or consequential loss, or for loss of profit, revenue, business or anticipated savings.

12. Changes to these terms

We may update these terms. If a change materially affects you, we will email you at least 30 days before it takes effect. Continuing to use the service after that date means you accept the updated terms.

13. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state.